{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-454.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-454.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-454.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-454.html"}],"law_id":68103,"edition_id":1,"section_id":68103,"structure_id":13481,"section_number":"64.2-454","catch_line":"Appointment of administrator for prosecution of action for personal injury or wrongful death against or on behalf of estate of deceased resident or nonresident","history":"1970, c. 475, \u00a7 64.1-75.1; 2001, c. 376; 2003, c. 265; 2012, c. 614; 2014, c. 528; 2015, cc. 124, 129, 130; 2024, cc. 50, 340.","full_text":"An administrator may be appointed in any case in which it is represented that either a civil action for personal injury or death by wrongful act, or both, arising within the Commonwealth is contemplated against or on behalf of the estate or the beneficiaries of the estate of a resident or nonresident of the Commonwealth who has died within or outside the Commonwealth if at least 60 days have elapsed since the decedent’s death and an executor or administrator of the estate has not been appointed under \u00a7 64.2-500 or 64.2-502, solely for the purpose of prosecution or defense of any such actions, by the clerk of a circuit court. An administrator appointed pursuant to this section may prosecute actions for both personal injury and death by wrongful act.\n\t\tIf a fiduciary has been appointed in a foreign jurisdiction, the fiduciary may qualify as administrator. The appointment of a fiduciary in a foreign jurisdiction shall not preclude a resident or nonresident from qualifying as an administrator for the purposes of maintaining a wrongful death action pursuant to \u00a7 8.01-50 or a personal injury action in the Commonwealth.\n\t\tA resident and nonresident may be appointed as coadministrators.","order_by":null,"text":{"0":{"id":246566,"text":"An administrator may be appointed in any case in which it is represented that either a civil action for personal injury or death by wrongful act, or both, arising within the Commonwealth is contemplated against or on behalf of the estate or the beneficiaries of the estate of a resident or nonresident of the Commonwealth who has died within or outside the Commonwealth if at least 60 days have elapsed since the decedent’s death and an executor or administrator of the estate has not been appointed under \u00a7 64.2-500 or 64.2-502, solely for the purpose of prosecution or defense of any such actions, by the clerk of a circuit court. An administrator appointed pursuant to this section may prosecute actions for both personal injury and death by wrongful act.\n\t\tIf a fiduciary has been appointed in a foreign jurisdiction, the fiduciary may qualify as administrator. The appointment of a fiduciary in a foreign jurisdiction shall not preclude a resident or nonresident from qualifying as an administrator for the purposes of maintaining a wrongful death action pursuant to \u00a7 8.01-50 or a personal injury action in the Commonwealth.\n\t\tA resident and nonresident may be appointed as coadministrators.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13481,"edition_id":1,"name":"Probate","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":13480,"metadata":{},"date_created":"2026-06-26 03:44:58","date_modified":"2026-06-26 03:44:58","permalink":{"id":273307,"object_type":"structure","relational_id":13481,"identifier":"5","token":"64.2\/II\/4\/5","url":"\/64.2\/II\/4\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13480,"edition_id":1,"name":"Wills","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:44:58","date_modified":"2026-06-26 03:44:58","permalink":{"id":273121,"object_type":"structure","relational_id":13480,"identifier":"4","token":"64.2\/II\/4","url":"\/64.2\/II\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12863,"edition_id":1,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272911,"object_type":"structure","relational_id":12863,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","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":71870,"structure_id":13481,"section_number":"64.2-443","catch_line":"Jurisdiction of probate of wills","url":"\/64.2-443\/","token":"64.2\/II\/4\/5\/64.2-443","metadata":false},{"id":81738,"structure_id":13481,"section_number":"64.2-444","catch_line":"Clerks may probate wills","url":"\/64.2-444\/","token":"64.2\/II\/4\/5\/64.2-444","metadata":false},{"id":72738,"structure_id":13481,"section_number":"64.2-445","catch_line":"Appeal from order of clerk","url":"\/64.2-445\/","token":"64.2\/II\/4\/5\/64.2-445","metadata":false},{"id":63573,"structure_id":13481,"section_number":"64.2-446","catch_line":"Motion for probate; process against persons interested in probate","url":"\/64.2-446\/","token":"64.2\/II\/4\/5\/64.2-446","metadata":false},{"id":82982,"structure_id":13481,"section_number":"64.2-447","catch_line":"Use of depositions","url":"\/64.2-447\/","token":"64.2\/II\/4\/5\/64.2-447","metadata":false},{"id":81785,"structure_id":13481,"section_number":"64.2-448","catch_line":"Complaint to impeach or establish a will; limitation of action; venue","url":"\/64.2-448\/","token":"64.2\/II\/4\/5\/64.2-448","metadata":false},{"id":54444,"structure_id":13481,"section_number":"64.2-449","catch_line":"Procedure in probate proceedings","url":"\/64.2-449\/","token":"64.2\/II\/4\/5\/64.2-449","metadata":false},{"id":79419,"structure_id":13481,"section_number":"64.2-450","catch_line":"Probate of copy of will proved outside the Commonwealth; authenticated copy","url":"\/64.2-450\/","token":"64.2\/II\/4\/5\/64.2-450","metadata":false},{"id":80084,"structure_id":13481,"section_number":"64.2-451","catch_line":"Appointment of curator; when made; his duties","url":"\/64.2-451\/","token":"64.2\/II\/4\/5\/64.2-451","metadata":false},{"id":78942,"structure_id":13481,"section_number":"64.2-452","catch_line":"How will may be made self-proved; affidavits of witnesses","url":"\/64.2-452\/","token":"64.2\/II\/4\/5\/64.2-452","metadata":false},{"id":73914,"structure_id":13481,"section_number":"64.2-453","catch_line":"How will may be made self-proved; acknowledgment of witnesses","url":"\/64.2-453\/","token":"64.2\/II\/4\/5\/64.2-453","metadata":false},{"id":68103,"structure_id":13481,"section_number":"64.2-454","catch_line":"Appointment of administrator for prosecution of action for personal injury or wrongful death against or on behalf of estate of deceased resident or nonresident","url":"\/64.2-454\/","token":"64.2\/II\/4\/5\/64.2-454","metadata":false},{"id":63901,"structure_id":13481,"section_number":"64.2-454.1","catch_line":"Will contest; presumption of undue influence","url":"\/64.2-454.1\/","token":"64.2\/II\/4\/5\/64.2-454.1","metadata":false}],"previous_section":{"id":73914,"structure_id":13481,"section_number":"64.2-453","catch_line":"How will may be made self-proved; acknowledgment of witnesses","url":"\/64.2-453\/","token":"64.2\/II\/4\/5\/64.2-453","metadata":false},"next_section":{"id":63901,"structure_id":13481,"section_number":"64.2-454.1","catch_line":"Will contest; presumption of undue influence","url":"\/64.2-454.1\/","token":"64.2\/II\/4\/5\/64.2-454.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-454\/","history_text":"

This law was first created in 1970. The record of its establishment is cataloged in chapter 475 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. Unfortunately, the 1970 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 2001, chapter 376<\/a>; in 2003, chapter 265<\/a>; in 2012, chapter 614<\/a>; in 2014, chapter 528<\/a>; in 2015, chapters 124<\/a>, 129<\/a>, and 130<\/a>; in 2024, chapters 50<\/a> and 340<\/a>.<\/p>","references":[{"id":81660,"section_number":"64.2-508","catch_line":"Written notice of probate, qualification, and entitlement to copies of inventories, accounts, and reports to be provided to certain parties","order_by":null,"url":"\/64.2-508\/"},{"id":81233,"section_number":"8.01-262","catch_line":"Category B or permissible venue","order_by":null,"url":"\/8.01-262\/"},{"id":80415,"section_number":"8.01-606","catch_line":"Payment of small amounts to certain persons through court without intervention of fiduciary; authority of commissioners of accounts; certain fiduciaries exempt from accountings","order_by":null,"url":"\/8.01-606\/"}],"refers_to":[{"id":83538,"section_number":"64.2-500","catch_line":"Grant of administration with the will annexed","order_by":null,"url":"\/64.2-500\/"},{"id":78326,"section_number":"64.2-502","catch_line":"Grant of administration of intestate estate","order_by":null,"url":"\/64.2-502\/"},{"id":78150,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","order_by":null,"url":"\/8.01-50\/"}],"permalink":{"id":273353,"object_type":"law","relational_id":68103,"identifier":"64.2-454","token":"64.2\/II\/4\/5\/64.2-454","url":"\/64.2-454\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-454\/","token":"64.2\/II\/4\/5\/64.2-454","dublin_core":{"Title":"Appointment of administrator for prosecution of action for personal injury or wrongful death against or on behalf of estate of deceased resident or nonresident","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-454","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

An administrator may be appointed in any case in which it is represented that either a civil action<\/span> for personal injury or death by wrongful act, or both, arising within the Commonwealth is contemplated against or on behalf of the estate or the beneficiaries of the estate of a resident or nonresident of the Commonwealth who has died within or outside the Commonwealth if at least 60 days have elapsed since the decedent’s death and an executor or administrator of the estate has not been appointed under \u00a7 64.2-500<\/a> or 64.2-502<\/a>, solely for the purpose of prosecution<\/span> or defense of any such actions, by the clerk of a circuit<\/span> court<\/span>. An administrator appointed pursuant to this section may prosecute<\/span> actions for both personal injury and death by wrongful act.\n\t\tIf a fiduciary<\/span> has been appointed in a foreign jurisdiction<\/span>, the fiduciary<\/span> may qualify as administrator. The appointment of a fiduciary<\/span> in a foreign jurisdiction<\/span> shall not preclude a resident or nonresident from qualifying as an administrator for the purposes of maintaining a wrongful death action pursuant to \u00a7 8.01-50<\/a> or a personal injury action in the Commonwealth.\n\t\tA resident and nonresident may be appointed as coadministrators.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPOINTMENT OF ADMINISTRATOR FOR PROSECUTION OF ACTION FOR PERSONAL INJURY OR\nWRONGFUL DEATH AGAINST OR ON BEHALF OF ESTATE OF DECEASED RESIDENT OR\nNONRESIDENT (\u00a7 64.2-454)\n\nAn administrator may be appointed in any case in which it is represented that\neither a civil action for personal injury or death by wrongful act, or both,\narising within the Commonwealth is contemplated against or on behalf of the\nestate or the beneficiaries of the estate of a resident or nonresident of the\nCommonwealth who has died within or outside the Commonwealth if at least 60 days\nhave elapsed since the decedent’s death and an executor or administrator\nof the estate has not been appointed under \u00a7 64.2-500 or 64.2-502, solely for\nthe purpose of prosecution or defense of any such actions, by the clerk of a\ncircuit court. An administrator appointed pursuant to this section may prosecute\nactions for both personal injury and death by wrongful act.\n\t\tIf a fiduciary has been appointed in a foreign jurisdiction, the fiduciary may\nqualify as administrator. The appointment of a fiduciary in a foreign\njurisdiction shall not preclude a resident or nonresident from qualifying as an\nadministrator for the purposes of maintaining a wrongful death action pursuant\nto \u00a7 8.01-50 or a personal injury action in the Commonwealth.\n\t\tA resident and nonresident may be appointed as coadministrators.\n\nHISTORY: 1970, c. 475, \u00a7 64.1-75.1; 2001, c. 376; 2003, c. 265; 2012, c. 614;\n2014, c. 528; 2015, cc. 124, 129, 130; 2024, cc. 50, 340.","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}}