{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2302.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2302.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2302.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2302.html"}],"law_id":62368,"edition_id":1,"section_id":62368,"structure_id":15923,"section_number":"64.2-2302","catch_line":"Appointment of curator when presumption of death not applicable","history":"2006, c. 351, \u00a7 64.1-106.1; 2012, c. 614.","full_text":"A circuit court, upon good cause shown, may appoint in accordance with the provisions of \u00a7 64.2-451 a curator for the estate of a resident of the Commonwealth in a case where the legal presumption of death is not applicable if (i) at least one year has expired since the date that the resident was last heard from and (ii) it is not known and cannot with reasonable diligence be shown whether such person is alive. In determining whether good cause exists, the court shall consider the existence and efficacy of any durable power of attorney.","order_by":null,"text":{"0":{"id":227471,"text":"A circuit court, upon good cause shown, may appoint in accordance with the provisions of \u00a7 64.2-451 a curator for the estate of a resident of the Commonwealth in a case where the legal presumption of death is not applicable if (i) at least one year has expired since the date that the resident was last heard from and (ii) it is not known and cannot with reasonable diligence be shown whether such person is alive. In determining whether good cause exists, the court shall consider the existence and efficacy of any durable power of attorney.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2302\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapter 351<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. 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. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":[{"id":61845,"section_number":"64.2-2303","catch_line":"Persons presumed dead; authority of clerk","order_by":null,"url":"\/64.2-2303\/"}],"refers_to":[{"id":80084,"section_number":"64.2-451","catch_line":"Appointment of curator; when made; his duties","order_by":null,"url":"\/64.2-451\/"}],"permalink":{"id":275779,"object_type":"law","relational_id":62368,"identifier":"64.2-2302","token":"64.2\/V\/23\/64.2-2302","url":"\/64.2-2302\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2302\/","token":"64.2\/V\/23\/64.2-2302","dublin_core":{"Title":"Appointment of curator when presumption of death not applicable","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2302","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A circuit<\/span> court<\/span>, upon good cause shown, may appoint in accordance with the provisions of \u00a7 64.2-451<\/a> a curator for the estate of a resident of the Commonwealth in a case where the legal presumption<\/span> of death is not applicable if (i) at least one year has expired since the date that the resident was last heard from and (ii) it is not known and cannot with reasonable diligence be shown whether such person is alive. In determining whether good cause exists, the court<\/span> shall consider the existence and efficacy of any durable power of attorney<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPOINTMENT OF CURATOR WHEN PRESUMPTION OF DEATH NOT APPLICABLE (\u00a7 64.2-2302)\n\nA circuit court, upon good cause shown, may appoint in accordance with the\nprovisions of \u00a7 64.2-451 a curator for the estate of a resident of the\nCommonwealth in a case where the legal presumption of death is not applicable if\n(i) at least one year has expired since the date that the resident was last\nheard from and (ii) it is not known and cannot with reasonable diligence be\nshown whether such person is alive. In determining whether good cause exists,\nthe court shall consider the existence and efficacy of any durable power of\nattorney.\n\nHISTORY: 2006, c. 351, \u00a7 64.1-106.1; 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}}