{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2304.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2304.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2304.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2304.html"}],"law_id":82849,"edition_id":1,"section_id":82849,"structure_id":15923,"section_number":"64.2-2304","catch_line":"Petition seeking determination of death; hearing; evidence; notice","history":"Code 1950, \u00a7\u00a7 64-104, 64-106; 1968, c. 656, \u00a7\u00a7 64.1-108, 64.1-110; 1996, cc. 352, 675, 684; 2006, c. 351; 2012, c. 614.","full_text":"A\n\nWhenever a petition is filed seeking a judicial determination that a person is dead, the court that would have jurisdiction over the person’s probate estate if such person were dead shall hear evidence concerning the alleged absence of the presumed decedent and the circumstances and duration of such absence. The court shall require that notice of the filing of the petition be published once a week for four successive weeks in a newspaper published in the county or city where the petition is filed, and the notice shall include the date of the hearing, which shall be at least two weeks after the last publication.B\n\nAt the hearing, the court shall hear all admissible evidence offered for the purpose of determining whether or not the presumption of death is applicable. If the court determines that the legal presumption of death is applicable, the court shall enter an order in accordance with § 64.2-2305, provided, however, that if the evidence shows that the length of a presumed decedent’s absence is less than 10 years, the court shall immediately require notice of the order to be published once a week for two successive weeks in a newspaper published in the county or city where the petition is filed and, when practicable, in a newspaper published at or near the place where the presumed decedent had his residence when last heard from. The notice shall require the presumed decedent, if alive, or any person for him, produce to the court satisfactory evidence that the presumed decedent is alive within two weeks from the date of the last publication. If no satisfactory evidence is produced within this period, the court shall enter an order in accordance with § 64.2-2305.C\n\nFor the purposes of subsections A and B, if there is no newspaper published in the county or city in which the publication required may be had, then the court shall order that the required notice be published in a newspaper having general circulation in such county or city. The cost of the publication pursuant to this section shall be paid by the petitioner.","order_by":null,"text":{"0":{"id":296991,"text":"Whenever a petition is filed seeking a judicial determination that a person is dead, the court that would have jurisdiction over the person’s probate estate if such person were dead shall hear evidence concerning the alleged absence of the presumed decedent and the circumstances and duration of such absence. The court shall require that notice of the filing of the petition be published once a week for four successive weeks in a newspaper published in the county or city where the petition is filed, and the notice shall include the date of the hearing, which shall be at least two weeks after the last publication.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":296992,"text":"At the hearing, the court shall hear all admissible evidence offered for the purpose of determining whether or not the presumption of death is applicable. If the court determines that the legal presumption of death is applicable, the court shall enter an order in accordance with § 64.2-2305, provided, however, that if the evidence shows that the length of a presumed decedent’s absence is less than 10 years, the court shall immediately require notice of the order to be published once a week for two successive weeks in a newspaper published in the county or city where the petition is filed and, when practicable, in a newspaper published at or near the place where the presumed decedent had his residence when last heard from. The notice shall require the presumed decedent, if alive, or any person for him, produce to the court satisfactory evidence that the presumed decedent is alive within two weeks from the date of the last publication. If no satisfactory evidence is produced within this period, the court shall enter an order in accordance with § 64.2-2305.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":296993,"text":"For the purposes of subsections A and B, if there is no newspaper published in the county or city in which the publication required may be had, then the court shall order that the required notice be published in a newspaper having general circulation in such county or city. The cost of the publication pursuant to this section shall be paid by the petitioner.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2304\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 352<\/a>, 675<\/a>, and 684<\/a>; in 2006, chapter 351<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":[{"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\/"}],"refers_to":[{"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\/"}],"permalink":{"id":275787,"object_type":"law","relational_id":82849,"identifier":"64.2-2304","token":"64.2\/V\/23\/64.2-2304","url":"\/64.2-2304\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2304\/","token":"64.2\/V\/23\/64.2-2304","dublin_core":{"Title":"Petition seeking determination of death; hearing; evidence; notice","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2304","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever a petition<\/span> is filed seeking a judicial determination that a person is dead, the court<\/span> that would have jurisdiction<\/span> over the person’s probate estate if such person were dead shall hear evidence<\/span> concerning the alleged absence of the presumed decedent and the circumstances and duration of such absence. The court<\/span> shall require that notice of the filing of the petition<\/span> be published once a week for four successive weeks in a newspaper published in the county or city where the petition<\/span> is filed, and the notice shall include the date of the hearing<\/span>, which shall be at least two weeks after the last publication. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> At the hearing<\/span>, the court<\/span> shall hear all admissible<\/span> evidence<\/span> offered for the purpose of determining whether or not the presumption<\/span> of death is applicable. If the court<\/span> determines that the legal presumption<\/span> of death is applicable, the court<\/span> shall enter an order<\/span> in accordance with § 64.2-2305<\/a>, provided, however, that if the evidence<\/span> shows that the length of a presumed decedent’s absence is less than 10 years, the court<\/span> shall immediately require notice of the order<\/span> to be published once a week for two successive weeks in a newspaper published in the county or city where the petition<\/span> is filed and, when practicable, in a newspaper published at or near the place where the presumed decedent had his residence when last heard from. The notice shall require the presumed decedent, if alive, or any person for him, produce to the court<\/span> satisfactory evidence<\/span> that the presumed decedent is alive within two weeks from the date of the last publication. If no satisfactory evidence<\/span> is produced within this period, the court<\/span> shall enter an order<\/span> in accordance with § 64.2-2305<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For the purposes of subsections A and B, if there is no newspaper published in the county or city in which the publication required may be had, then the court<\/span> shall order<\/span> that the required notice be published in a newspaper having general circulation in such county or city. The cost of the publication pursuant to this section shall be paid by the petitioner. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPETITION SEEKING DETERMINATION OF DEATH; HEARING; EVIDENCE; NOTICE (\u00a7\n64.2-2304)\n\nA. Whenever a petition is filed seeking a judicial determination that a person\nis dead, the court that would have jurisdiction over the person’s probate\nestate if such person were dead shall hear evidence concerning the alleged\nabsence of the presumed decedent and the circumstances and duration of such\nabsence. The court shall require that notice of the filing of the petition be\npublished once a week for four successive weeks in a newspaper published in the\ncounty or city where the petition is filed, and the notice shall include the\ndate of the hearing, which shall be at least two weeks after the last\npublication.\n\nB. At the hearing, the court shall hear all admissible evidence offered for the\npurpose of determining whether or not the presumption of death is applicable. If\nthe court determines that the legal presumption of death is applicable, the\ncourt shall enter an order in accordance with § 64.2-2305, provided,\nhowever, that if the evidence shows that the length of a presumed\ndecedent’s absence is less than 10 years, the court shall immediately\nrequire notice of the order to be published once a week for two successive weeks\nin a newspaper published in the county or city where the petition is filed and,\nwhen practicable, in a newspaper published at or near the place where the\npresumed decedent had his residence when last heard from. The notice shall\nrequire the presumed decedent, if alive, or any person for him, produce to the\ncourt satisfactory evidence that the presumed decedent is alive within two weeks\nfrom the date of the last publication. If no satisfactory evidence is produced\nwithin this period, the court shall enter an order in accordance with §\n64.2-2305.\n\nC. For the purposes of subsections A and B, if there is no newspaper published\nin the county or city in which the publication required may be had, then the\ncourt shall order that the required notice be published in a newspaper having\ngeneral circulation in such county or city. The cost of the publication pursuant\nto this section shall be paid by the petitioner.\n\nHISTORY: Code 1950, \u00a7\u00a7 64-104, 64-106; 1968, c. 656, \u00a7\u00a7 64.1-108, 64.1-110;\n1996, cc. 352, 675, 684; 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}}