{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2300.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2300.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2300.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2300.html"}],"law_id":70894,"edition_id":1,"section_id":70894,"structure_id":15923,"section_number":"64.2-2300","catch_line":"Presumption of death from absence or disappearance; when applicable","history":"Code 1950, \u00a7 64-101; 1954, c. 430; 1968, c. 656, \u00a7 64.1-105; 1989, c. 153; 1996, cc. 675, 684; 2003, c. 254; 2006, c. 351; 2012, c. 614.","full_text":"A\n\n1. Any person who is a resident of the Commonwealth shall be presumed to be dead if such person:\n\t\t\ta. Leaves and does not return to the Commonwealth for seven successive years and is not heard from;\n\t\t\tb. Disappears for seven successive years and is not heard from; or\n\t\t\tc. Disappears in a foreign country, his body has not been found, and he is not known to be alive, and a report of presumptive death by the Department of State of the United States has been issued.2\n\nAny person who is not a resident of the Commonwealth, but who owns real or personal property located within the Commonwealth, shall be presumed to be dead if such person disappears for seven successive years from the place of his residence outside of the Commonwealth and is not heard from.3\n\nThe presumption created by this subsection shall be applicable in any action where the person’s death is in question, unless proof is offered that the person was alive within the time specified or, in the case of a presumed death in a foreign country, at any time following the person’s disappearance, whether before or after the report of presumptive death was issued.B\n\nThe fact that any person was exposed to a specific peril of death may be a sufficient basis for determining at any time after the exposure that the person is presumed to have died less than seven years after the person was last heard from.C\n\nAny person on board any ship or vessel underway on the high seas who disappears from such ship or vessel, or any person on board an aircraft that disappears at sea, who is not known to be alive and whose body has not been found or identified prior to a hearing of a board of inquiry as to such disappearance, shall be presumed to be dead upon the findings of a board of inquiry that the person is presumed dead, or six months after the date of such disappearance, whichever occurs first.D\n\nBefore any final order or decree is entered in a cause under subsection A, B, or C in favor of the alleged heirs, devisees, next of kin, legatees, beneficiaries, survivors, or other successors in interest of the presumed decedent, or persons claiming by, through, or under them, or any of them, proceedings shall be held in conformity with §§ 64.2-2303 through 64.2-2306.E\n\nThe heirs at law, devisees, next of kin, legatees, beneficiaries, survivors, or other successors in interest of the person presumed dead under subsection A, B, or C may be made parties defendant to proceedings in respect to real or personal property in which the presumed decedent may have an undivided interest by order of publication or other process as provided by law. The proceedings shall not be stayed in respect to the division, sale, or other disposition of the entire property. The provisions of subsection D shall be applicable only to the portion of the property set apart or to the share of the proceeds to which such person would be entitled.","order_by":null,"text":{"0":{"id":255626,"text":"1. Any person who is a resident of the Commonwealth shall be presumed to be dead if such person:\n\t\t\ta. Leaves and does not return to the Commonwealth for seven successive years and is not heard from;\n\t\t\tb. Disappears for seven successive years and is not heard from; or\n\t\t\tc. Disappears in a foreign country, his body has not been found, and he is not known to be alive, and a report of presumptive death by the Department of State of the United States has been issued.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":255627,"text":"Any person who is not a resident of the Commonwealth, but who owns real or personal property located within the Commonwealth, shall be presumed to be dead if such person disappears for seven successive years from the place of his residence outside of the Commonwealth and is not heard from.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"A3"},"2":{"id":255628,"text":"The presumption created by this subsection shall be applicable in any action where the person’s death is in question, unless proof is offered that the person was alive within the time specified or, in the case of a presumed death in a foreign country, at any time following the person’s disappearance, whether before or after the report of presumptive death was issued.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"3":{"id":255629,"text":"The fact that any person was exposed to a specific peril of death may be a sufficient basis for determining at any time after the exposure that the person is presumed to have died less than seven years after the person was last heard from.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"4":{"id":255630,"text":"Any person on board any ship or vessel underway on the high seas who disappears from such ship or vessel, or any person on board an aircraft that disappears at sea, who is not known to be alive and whose body has not been found or identified prior to a hearing of a board of inquiry as to such disappearance, shall be presumed to be dead upon the findings of a board of inquiry that the person is presumed dead, or six months after the date of such disappearance, whichever occurs first.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":255631,"text":"Before any final order or decree is entered in a cause under subsection A, B, or C in favor of the alleged heirs, devisees, next of kin, legatees, beneficiaries, survivors, or other successors in interest of the presumed decedent, or persons claiming by, through, or under them, or any of them, proceedings shall be held in conformity with §§ 64.2-2303 through 64.2-2306.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":255632,"text":"The heirs at law, devisees, next of kin, legatees, beneficiaries, survivors, or other successors in interest of the person presumed dead under subsection A, B, or C may be made parties defendant to proceedings in respect to real or personal property in which the presumed decedent may have an undivided interest by order of publication or other process as provided by law. The proceedings shall not be stayed in respect to the division, sale, or other disposition of the entire property. The provisions of subsection D shall be applicable only to the portion of the property set apart or to the share of the proceeds to which such person would be entitled.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15923,"edition_id":1,"name":"Persons Presumed Dead","identifier":"23","label":"chapter","depth":3,"order_by":1,"parent_id":12920,"metadata":{},"date_created":"2026-06-26 04:02:04","date_modified":"2026-06-26 04:02:04","permalink":{"id":275769,"object_type":"structure","relational_id":15923,"identifier":"23","token":"64.2\/V\/23","url":"\/64.2\/V\/23\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12920,"edition_id":1,"name":"Provisions Applicable to Probate and Nonprobate Transfers","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":275729,"object_type":"structure","relational_id":12920,"identifier":"V","token":"64.2\/V","url":"\/64.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70894,"structure_id":15923,"section_number":"64.2-2300","catch_line":"Presumption of death from absence or disappearance; when applicable","url":"\/64.2-2300\/","token":"64.2\/V\/23\/64.2-2300","metadata":false},{"id":82328,"structure_id":15923,"section_number":"64.2-2301","catch_line":"Distribution of fund when presumption of death not applicable","url":"\/64.2-2301\/","token":"64.2\/V\/23\/64.2-2301","metadata":false},{"id":62368,"structure_id":15923,"section_number":"64.2-2302","catch_line":"Appointment of curator when presumption of death not applicable","url":"\/64.2-2302\/","token":"64.2\/V\/23\/64.2-2302","metadata":false},{"id":61845,"structure_id":15923,"section_number":"64.2-2303","catch_line":"Persons presumed dead; authority of clerk","url":"\/64.2-2303\/","token":"64.2\/V\/23\/64.2-2303","metadata":false},{"id":82849,"structure_id":15923,"section_number":"64.2-2304","catch_line":"Petition seeking determination of death; hearing; evidence; notice","url":"\/64.2-2304\/","token":"64.2\/V\/23\/64.2-2304","metadata":false},{"id":75407,"structure_id":15923,"section_number":"64.2-2305","catch_line":"Entry of order that presumption of death is applicable; effect","url":"\/64.2-2305\/","token":"64.2\/V\/23\/64.2-2305","metadata":false},{"id":86873,"structure_id":15923,"section_number":"64.2-2306","catch_line":"Distribution of property; refunding bond","url":"\/64.2-2306\/","token":"64.2\/V\/23\/64.2-2306","metadata":false},{"id":66826,"structure_id":15923,"section_number":"64.2-2307","catch_line":"Revocation of determination of death; effect on previous acts; title of purchasers","url":"\/64.2-2307\/","token":"64.2\/V\/23\/64.2-2307","metadata":false},{"id":67133,"structure_id":15923,"section_number":"64.2-2308","catch_line":"Substitution of presumed decedent in pending actions; reopening of judgments; effect of judgments","url":"\/64.2-2308\/","token":"64.2\/V\/23\/64.2-2308","metadata":false},{"id":82781,"structure_id":15923,"section_number":"64.2-2309","catch_line":"Costs","url":"\/64.2-2309\/","token":"64.2\/V\/23\/64.2-2309","metadata":false}],"next_section":{"id":82328,"structure_id":15923,"section_number":"64.2-2301","catch_line":"Distribution of fund when presumption of death not applicable","url":"\/64.2-2301\/","token":"64.2\/V\/23\/64.2-2301","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2300\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 430; in 1968, chapter 656; in 1989, chapter 153; in 1996, chapters 675<\/a> and 684<\/a>; in 2003, chapter 254<\/a>; in 2006, chapter 351<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":[{"id":82199,"section_number":"64.2-2204","catch_line":"Evidence of death or status","order_by":null,"url":"\/64.2-2204\/"},{"id":82328,"section_number":"64.2-2301","catch_line":"Distribution of fund when presumption of death not applicable","order_by":null,"url":"\/64.2-2301\/"},{"id":75407,"section_number":"64.2-2305","catch_line":"Entry of order that presumption of death is applicable; effect","order_by":null,"url":"\/64.2-2305\/"},{"id":71091,"section_number":"64.2-2402","catch_line":"Proceedings to sell property of absentee after failure to locate heirs","order_by":null,"url":"\/64.2-2402\/"}],"refers_to":[{"id":61845,"section_number":"64.2-2303","catch_line":"Persons presumed dead; authority of clerk","order_by":null,"url":"\/64.2-2303\/"}],"permalink":{"id":275771,"object_type":"law","relational_id":70894,"identifier":"64.2-2300","token":"64.2\/V\/23\/64.2-2300","url":"\/64.2-2300\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2300\/","token":"64.2\/V\/23\/64.2-2300","dublin_core":{"Title":"Presumption of death from absence or disappearance; when applicable","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2300","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. Any person who is a resident of the Commonwealth shall be presumed to be dead if such person:\n\t\t\ta. Leaves and does not return to the Commonwealth for seven successive years and is not heard from;\n\t\t\tb. Disappears for seven successive years and is not heard from; or\n\t\t\tc. Disappears in a foreign country, his body has not been found, and he is not known to be alive, and a report of presumptive death by the Department of State of the United States has been issued. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any person who is not a resident of the Commonwealth, but who owns real or personal property located within the Commonwealth, shall be presumed to be dead if such person disappears for seven successive years from the place of his residence outside of the Commonwealth and is not heard from. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The presumption<\/span> created by this subsection shall be applicable in any action where the person’s death is in question, unless proof is offered that the person was alive within the time specified or, in the case of a presumed death in a foreign country, at any time following the person’s disappearance, whether before or after the report of presumptive death was issued. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The fact<\/span> that any person was exposed to a specific peril of death may be a sufficient basis for determining at any time after the exposure that the person is presumed to have died less than seven years after the person was last heard from. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person on board any ship or vessel underway on the high seas who disappears from such ship or vessel, or any person on board an aircraft that disappears at sea, who is not known to be alive and whose body has not been found or identified prior to a hearing<\/span> of a board of inquiry as to such disappearance, shall be presumed to be dead upon the findings<\/span> of a board of inquiry that the person is presumed dead, or six months after the date of such disappearance, whichever occurs first. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Before any final order<\/span> or decree<\/span> is entered in a cause under subsection A, B, or C in favor of the alleged heirs, devisees, next of kin, legatees, beneficiaries, survivors, or other successors in interest of the presumed decedent, or persons claiming by, through, or under them, or any of them, proceedings shall be held in conformity with §§ 64.2-2303<\/a> through 64.2-2306<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The heirs at law<\/span>, devisees, next of kin, legatees, beneficiaries, survivors, or other successors in interest of the person presumed dead under subsection A, B, or C may be made parties defendant<\/span> to proceedings in respect to real or personal property in which the presumed decedent may have an undivided interest by order of publication or other process as provided by law<\/span>. The proceedings shall not be stayed in respect to the division, sale, or other disposition<\/span> of the entire property. The provisions of subsection D shall be applicable only to the portion of the property set apart or to the share of the proceeds to which such person would be entitled. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRESUMPTION OF DEATH FROM ABSENCE OR DISAPPEARANCE; WHEN APPLICABLE (\u00a7\n64.2-2300)\n\nA. 1. Any person who is a resident of the Commonwealth shall be presumed to be\ndead if such person:\n\t\t\ta. Leaves and does not return to the Commonwealth for seven successive years\nand is not heard from;\n\t\t\tb. Disappears for seven successive years and is not heard from; or\n\t\t\tc. Disappears in a foreign country, his body has not been found, and he is\nnot known to be alive, and a report of presumptive death by the Department of\nState of the United States has been issued.\n\n 2. Any person who is not a resident of the Commonwealth, but who owns real or\n personal property located within the Commonwealth, shall be presumed to be\n dead if such person disappears for seven successive years from the place of\n his residence outside of the Commonwealth and is not heard from.\n\n 3. The presumption created by this subsection shall be applicable in any\n action where the person’s death is in question, unless proof is offered\n that the person was alive within the time specified or, in the case of a\n presumed death in a foreign country, at any time following the person’s\n disappearance, whether before or after the report of presumptive death was\n issued.\n\nB. The fact that any person was exposed to a specific peril of death may be a\nsufficient basis for determining at any time after the exposure that the person\nis presumed to have died less than seven years after the person was last heard\nfrom.\n\nC. Any person on board any ship or vessel underway on the high seas who\ndisappears from such ship or vessel, or any person on board an aircraft that\ndisappears at sea, who is not known to be alive and whose body has not been\nfound or identified prior to a hearing of a board of inquiry as to such\ndisappearance, shall be presumed to be dead upon the findings of a board of\ninquiry that the person is presumed dead, or six months after the date of such\ndisappearance, whichever occurs first.\n\nD. Before any final order or decree is entered in a cause under subsection A, B,\nor C in favor of the alleged heirs, devisees, next of kin, legatees,\nbeneficiaries, survivors, or other successors in interest of the presumed\ndecedent, or persons claiming by, through, or under them, or any of them,\nproceedings shall be held in conformity with §§ 64.2-2303 through\n64.2-2306.\n\nE. The heirs at law, devisees, next of kin, legatees, beneficiaries, survivors,\nor other successors in interest of the person presumed dead under subsection A,\nB, or C may be made parties defendant to proceedings in respect to real or\npersonal property in which the presumed decedent may have an undivided interest\nby order of publication or other process as provided by law. The proceedings\nshall not be stayed in respect to the division, sale, or other disposition of\nthe entire property. The provisions of subsection D shall be applicable only to\nthe portion of the property set apart or to the share of the proceeds to which\nsuch person would be entitled.\n\nHISTORY: Code 1950, \u00a7 64-101; 1954, c. 430; 1968, c. 656, \u00a7 64.1-105; 1989, c.\n153; 1996, cc. 675, 684; 2003, c. 254; 2006, c. 351; 2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}