{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2301.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2301.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2301.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2301.html"}],"law_id":82328,"edition_id":1,"section_id":82328,"structure_id":15923,"section_number":"64.2-2301","catch_line":"Distribution of fund when presumption of death not applicable","history":"Code 1950, \u00a7 64-102; 1968, c. 656, \u00a7 64.1-106; 1996, cc. 675, 684; 2005, c. 681; 2006, c. 351; 2012, c. 614.","full_text":"A\n\nIn any civil action wherein any estate or fund is to be distributed, if the interest of any person to the estate or fund depends upon his having been alive at a particular time and it is not known and cannot be shown by the exercise of reasonable diligence whether such person was alive at that time, and if the legal presumption of death does not apply, the court may enter an order distributing the estate or fund to those who would be otherwise entitled thereto if it were shown that such person was dead at such particular time.B\n\nBefore any distribution is made pursuant to subsection A, the court shall require that, until the person is determined to be dead in accordance with § 64.2-2300, the heir at law, devisee, next of kin, legatee, beneficiary, survivor, or other successor in interest shall give a refunding bond with surety in such form as the court directs upon condition to account for the estate or fund to any person who may establish title thereto adverse to that of such heir at law, devisee, next of kin, legatee, beneficiary, survivor, or other successor in interest.C\n\nNo motion shall be made hereunder except after reasonable notice to all parties upon whom service may be had. Nothing in this section shall be construed to affect in any way any requirement of law as to service of process.","order_by":null,"text":{"0":{"id":295022,"text":"In any civil action wherein any estate or fund is to be distributed, if the interest of any person to the estate or fund depends upon his having been alive at a particular time and it is not known and cannot be shown by the exercise of reasonable diligence whether such person was alive at that time, and if the legal presumption of death does not apply, the court may enter an order distributing the estate or fund to those who would be otherwise entitled thereto if it were shown that such person was dead at such particular time.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":295023,"text":"Before any distribution is made pursuant to subsection A, the court shall require that, until the person is determined to be dead in accordance with § 64.2-2300, the heir at law, devisee, next of kin, legatee, beneficiary, survivor, or other successor in interest shall give a refunding bond with surety in such form as the court directs upon condition to account for the estate or fund to any person who may establish title thereto adverse to that of such heir at law, devisee, next of kin, legatee, beneficiary, survivor, or other successor in interest.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":295024,"text":"No motion shall be made hereunder except after reasonable notice to all parties upon whom service may be had. Nothing in this section shall be construed to affect in any way any requirement of law as to service of process.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2301\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1968, chapter 656; in 1996, chapters 675<\/a> and 684<\/a>; in 2005, chapter 681<\/a>; in 2006, chapter 351<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":[{"id":70894,"section_number":"64.2-2300","catch_line":"Presumption of death from absence or disappearance; when applicable","order_by":null,"url":"\/64.2-2300\/"}],"permalink":{"id":275775,"object_type":"law","relational_id":82328,"identifier":"64.2-2301","token":"64.2\/V\/23\/64.2-2301","url":"\/64.2-2301\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2301\/","token":"64.2\/V\/23\/64.2-2301","dublin_core":{"Title":"Distribution of fund when presumption of death not applicable","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2301","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any civil action<\/span> wherein any estate or fund is to be distributed, if the interest of any person to the estate or fund depends upon his having been alive at a particular time and it is not known and cannot be shown by the exercise of reasonable diligence whether such person was alive at that time, and if the legal presumption<\/span> of death does not apply, the court<\/span> may enter an order<\/span> distributing the estate or fund to those who would be otherwise entitled thereto if it were shown that such person was dead at such particular time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Before any distribution is made pursuant to subsection A, the court<\/span> shall require that, until the person is determined to be dead in accordance with § 64.2-2300<\/a>, the heir at law<\/span>, devisee, next of kin, legatee, beneficiary, survivor, or other successor in interest shall give a refunding bond<\/span> with surety<\/span> in such form as the court<\/span> directs upon condition to account for the estate or fund to any person who may establish title thereto adverse to that of such heir at law<\/span>, devisee, next of kin, legatee, beneficiary, survivor, or other successor in interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No motion<\/span> shall be made hereunder except after reasonable notice to all parties upon whom service may be had. Nothing in this section shall be construed to affect in any way any requirement of law<\/span> as to service of process<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISTRIBUTION OF FUND WHEN PRESUMPTION OF DEATH NOT APPLICABLE (\u00a7 64.2-2301)\n\nA. In any civil action wherein any estate or fund is to be distributed, if the\ninterest of any person to the estate or fund depends upon his having been alive\nat a particular time and it is not known and cannot be shown by the exercise of\nreasonable diligence whether such person was alive at that time, and if the\nlegal presumption of death does not apply, the court may enter an order\ndistributing the estate or fund to those who would be otherwise entitled thereto\nif it were shown that such person was dead at such particular time.\n\nB. Before any distribution is made pursuant to subsection A, the court shall\nrequire that, until the person is determined to be dead in accordance with\n§ 64.2-2300, the heir at law, devisee, next of kin, legatee, beneficiary,\nsurvivor, or other successor in interest shall give a refunding bond with surety\nin such form as the court directs upon condition to account for the estate or\nfund to any person who may establish title thereto adverse to that of such heir\nat law, devisee, next of kin, legatee, beneficiary, survivor, or other successor\nin interest.\n\nC. No motion shall be made hereunder except after reasonable notice to all\nparties upon whom service may be had. Nothing in this section shall be construed\nto affect in any way any requirement of law as to service of process.\n\nHISTORY: Code 1950, \u00a7 64-102; 1968, c. 656, \u00a7 64.1-106; 1996, cc. 675, 684;\n2005, c. 681; 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}}