{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2305.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2305.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2305.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2305.html"}],"law_id":75407,"edition_id":1,"section_id":75407,"structure_id":15923,"section_number":"64.2-2305","catch_line":"Entry of order that presumption of death is applicable; effect","history":"Code 1950, \u00a7 64-107; 1968, c. 656, \u00a7 64.1-111; 2006, c. 351; 2012, c. 614.","full_text":"A\n\nIf, after the hearing conducted pursuant to § 64.2-2304 and any subsequent publication required pursuant to that section, the court determines that the presumption of death is applicable, the court shall enter an order determining that the presumed decedent is in fact dead. Upon entry of such order, the court shall proceed to admit any will to probate, issue letters of administration to the party entitled thereto, or order that the claim of the heirs at law, devisees, next of kin, legatees, beneficiaries, survivors, or other successors in interest of the presumed decedent be established. If the order is subsequently revoked pursuant to § 64.2-2307, all acts done in pursuance of or in reliance on the order shall be as valid as if the presumed decedent were actually dead.B\n\nThe court’s order determining a person to be dead shall state the person’s date of death to be:1\n\nThe date of the expiration of the seven-year period in a proceeding governed by subsection A of § 64.2-2300, except that in a proceeding governed by subdivision A 1 c of § 64.2-2300 it shall be the date of the Department of State’s issuance of a report of presumptive death unless the evidence shows the likelihood of death at an earlier date;2\n\nThe date of the person’s exposure to the specific peril of death in a proceeding governed by subsection B of § 64.2-2300; or3\n\nThe date of the person’s disappearance in a proceeding governed by subsection C of § 64.2-2300.C\n\nA certified copy of the court’s order determining that the presumed decedent is in fact dead shall be accepted as proof of death in all situations in which a certificate of death issued by the State Registrar of Vital Records of the Virginia Department of Health would have been accepted as such proof.","order_by":null,"text":{"0":{"id":270689,"text":"If, after the hearing conducted pursuant to § 64.2-2304 and any subsequent publication required pursuant to that section, the court determines that the presumption of death is applicable, the court shall enter an order determining that the presumed decedent is in fact dead. Upon entry of such order, the court shall proceed to admit any will to probate, issue letters of administration to the party entitled thereto, or order that the claim of the heirs at law, devisees, next of kin, legatees, beneficiaries, survivors, or other successors in interest of the presumed decedent be established. If the order is subsequently revoked pursuant to § 64.2-2307, all acts done in pursuance of or in reliance on the order shall be as valid as if the presumed decedent were actually dead.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":270690,"text":"The court’s order determining a person to be dead shall state the person’s date of death to be:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":270691,"text":"The date of the expiration of the seven-year period in a proceeding governed by subsection A of § 64.2-2300, except that in a proceeding governed by subdivision A 1 c of § 64.2-2300 it shall be the date of the Department of State’s issuance of a report of presumptive death unless the evidence shows the likelihood of death at an earlier date;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":270692,"text":"The date of the person’s exposure to the specific peril of death in a proceeding governed by subsection B of § 64.2-2300; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":270693,"text":"The date of the person’s disappearance in a proceeding governed by subsection C of § 64.2-2300.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":270694,"text":"A certified copy of the court’s order determining that the presumed decedent is in fact dead shall be accepted as proof of death in all situations in which a certificate of death issued by the State Registrar of Vital Records of the Virginia Department of Health would have been accepted as such proof.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2305\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 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 2006, chapter 351<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":[{"id":82849,"section_number":"64.2-2304","catch_line":"Petition seeking determination of death; hearing; evidence; notice","order_by":null,"url":"\/64.2-2304\/"}],"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\/"},{"id":82849,"section_number":"64.2-2304","catch_line":"Petition seeking determination of death; hearing; evidence; notice","order_by":null,"url":"\/64.2-2304\/"},{"id":66826,"section_number":"64.2-2307","catch_line":"Revocation of determination of death; effect on previous acts; title of purchasers","order_by":null,"url":"\/64.2-2307\/"}],"permalink":{"id":275791,"object_type":"law","relational_id":75407,"identifier":"64.2-2305","token":"64.2\/V\/23\/64.2-2305","url":"\/64.2-2305\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2305\/","token":"64.2\/V\/23\/64.2-2305","dublin_core":{"Title":"Entry of order that presumption of death is applicable; effect","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2305","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If, after the hearing<\/span> conducted pursuant to § 64.2-2304<\/a> and any subsequent publication required pursuant to that section, the court<\/span> determines that the presumption<\/span> of death is applicable, the court<\/span> shall enter an order<\/span> determining that the presumed decedent is in fact<\/span> dead. Upon entry of such order<\/span>, the court<\/span> shall proceed to admit any will<\/span> to probate, issue<\/span> letters of administration to the party<\/span> entitled thereto, or order<\/span> that the claim of the heirs at law<\/span>, devisees, next of kin, legatees, beneficiaries, survivors, or other successors in interest of the presumed decedent be established. If the order<\/span> is subsequently revoked pursuant to § 64.2-2307<\/a>, all acts done in pursuance of or in reliance on the order<\/span> shall be as valid as if the presumed decedent were actually dead. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span>’s order<\/span> determining a person to be dead shall state the person’s date of death to be: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The date of the expiration of the seven-year period in a proceeding governed by subsection A of § 64.2-2300<\/a>, except that in a proceeding governed by subdivision A 1 c of § 64.2-2300<\/a> it shall be the date of the Department of State’s issuance of a report of presumptive death unless the evidence<\/span> shows the likelihood of death at an earlier date; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The date of the person’s exposure to the specific peril of death in a proceeding governed by subsection B of § 64.2-2300<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The date of the person’s disappearance in a proceeding governed by subsection C of § 64.2-2300<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A certified copy of the court<\/span>’s order<\/span> determining that the presumed decedent is in fact<\/span> dead shall be accepted as proof of death in all situations in which a certificate of death issued by the State Registrar of Vital Records of the Virginia Department of Health would have been accepted as such proof. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENTRY OF ORDER THAT PRESUMPTION OF DEATH IS APPLICABLE; EFFECT (\u00a7 64.2-2305)\n\nA. If, after the hearing conducted pursuant to § 64.2-2304 and any\nsubsequent publication required pursuant to that section, the court determines\nthat the presumption of death is applicable, the court shall enter an order\ndetermining that the presumed decedent is in fact dead. Upon entry of such\norder, the court shall proceed to admit any will to probate, issue letters of\nadministration to the party entitled thereto, or order that the claim of the\nheirs at law, devisees, next of kin, legatees, beneficiaries, survivors, or\nother successors in interest of the presumed decedent be established. If the\norder is subsequently revoked pursuant to § 64.2-2307, all acts done in\npursuance of or in reliance on the order shall be as valid as if the presumed\ndecedent were actually dead.\n\nB. The court’s order determining a person to be dead shall state the\nperson’s date of death to be:\n\n 1. The date of the expiration of the seven-year period in a proceeding\n governed by subsection A of § 64.2-2300, except that in a proceeding\n governed by subdivision A 1 c of § 64.2-2300 it shall be the date of the\n Department of State’s issuance of a report of presumptive death unless\n the evidence shows the likelihood of death at an earlier date;\n\n 2. The date of the person’s exposure to the specific peril of death in a\n proceeding governed by subsection B of § 64.2-2300; or\n\n 3. The date of the person’s disappearance in a proceeding governed by\n subsection C of § 64.2-2300.\n\nC. A certified copy of the court’s order determining that the presumed\ndecedent is in fact dead shall be accepted as proof of death in all situations\nin which a certificate of death issued by the State Registrar of Vital Records\nof the Virginia Department of Health would have been accepted as such proof.\n\nHISTORY: Code 1950, \u00a7 64-107; 1968, c. 656, \u00a7 64.1-111; 2006, c. 351; 2012, c.\n614.","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}}