{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-531.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-531.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-531.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-531.html"}],"law_id":67079,"edition_id":1,"section_id":67079,"structure_id":14879,"section_number":"64.2-531","catch_line":"Nonexoneration; payment of lien if granted by agent","history":"2007, c. 341, \u00a7 64.1-157.1; 2012, cc. 476, 507, 614; 2013, c. 390; 2017, cc. 34, 139; 2024, c. 576.","full_text":"A\n\nFor the purposes of this section, “revocable,” “settlor,” “trustee,” and “trust instrument” mean the same as those terms are defined in § 64.2-701.B\n\nUnless a contrary intent is clearly set out in the will, the trust instrument, or a transfer on death deed, (i) real or personal property that is the subject of a specific devise or bequest in the will or the trust instrument that was revocable immediately before the settlor’s death or (ii) real property subject to a transfer on death deed passes, subject to any mortgage, pledge, security interest, or other lien existing at the date of death of the testator or settlor, without the right of exoneration. A general directive in the will or trust instrument to pay debts shall not be evidence of a contrary intent that the mortgage, pledge, security interest, or other lien be exonerated prior to passing to the legatee.C\n\nThe personal representative may give written notice to the creditor holding any debt to which subsection B applies that there is no right of exoneration for such debt pursuant to this section. Such notice shall include a copy of this section. Any such notice shall be sent by certified mail (i) to the address the creditor last provided to the debtor as the address to which notices to the creditor are to be sent; (ii) if the personal representative cannot reasonably determine the address to which notices to the creditor are to be sent, to the address the creditor last provided to the debtor as the address at which payments to the creditor are to be made; or (iii) if the personal representative cannot reasonably determine either the address to which notices to the creditor are to be sent or at which payments to the creditor are to be made, to (a) the address of the creditor’s registered agent on file with the Virginia State Corporation Commission or (b) if there is no such registered agent on file, to the creditor’s last known address. The creditor holding such debt may file a claim for such debt with the commissioner of accounts pursuant to § 64.2-552 on or before the later of one year after the qualification of the personal representative of the decedent’s estate or six months after the personal representative gives such written notice to the creditor. Once the personal representative has given notice to the creditor as provided in this section, unless the creditor files a timely claim against the estate as set forth in this subsection, the liability of a personal representative or his surety for such debt shall not exceed the assets of the decedent remaining in the possession of the personal representative and available for application to the debt pursuant to § 64.2-528 at the time the creditor presents a demand for payment of such debt to the personal representative. Nothing in this section shall affect either the liability of the estate for such debt to the extent of the decedent’s assets remaining at the time a claim is filed or the liability of the beneficiaries that receive the decedent’s assets to the extent of such receipt.\n\t\t\tIn the event that any such claim is timely filed with the commissioner of accounts, the personal representative shall give the specific beneficiary receiving such real or personal property written notice, within 90 days after such claim is filed, to obtain from the creditor the release of the estate from such claim. The notice to a beneficiary may be made to the personal representative of a deceased beneficiary whose estate is a beneficiary, an attorney-in-fact for a beneficiary, a guardian or conservator of an incapacitated beneficiary, a committee of a convict or insane beneficiary, or the duly qualified guardian of a minor or, if none exists, a custodial parent of a minor. If the estate has not been released from such claim after the later of 180 days from such notice or one year from qualification, the personal representative may (1) sell the real or personal property that is the subject of a specific devise or bequest and that is also subject to the claim, (2) apply the proceeds of sale to the satisfaction of the claim, and (3) distribute any excess proceeds from such sale of the specific beneficiary of such property. If the proceeds of such sale are insufficient to satisfy the debt in full, the deficiency shall remain a debt of the estate to be satisfied from the other assets of the estate in accordance with applicable law. If such real property is subject to a transfer on death deed and is also subject to the claim, the personal representative may proceed as provided in § 64.2-634 to enforce the liability for such claim against such property.D\n\nSubsection B shall not apply to any mortgage, pledge, security interest, or other lien existing at the date of death of the testator or settlor against any specifically devised or bequeathed real or personal property, or any real property subject to a transfer on death deed, that was granted by an agent acting within the authority of a durable power of attorney for the testator or settlor while the testator or settlor was incapacitated. For the purposes of this section, (i) no adjudication of the testator’s or settlor’s incapacity is necessary, (ii) the acts of an agent within the authority of a durable power of attorney are rebuttably presumed to be for an incapacitated testator or settlor, and (iii) an incapacitated testator or settlor is one who is impaired by reason of mental illness, intellectual disability, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause creating a lack of sufficient understanding or capacity to make or communicate responsible decisions. This subsection shall not apply (a) if the mortgage, pledge, security interest, or other lien granted by the agent on the specific property is thereafter ratified by the testator or settlor while he is not incapacitated or (b) if the durable power of attorney was limited to one or more specific purposes and was not general in nature.E\n\nSubsection B shall not apply to any mortgage, pledge, security interest, or other lien existing at the date of the death of the testator or settlor against any specific devise or bequest of any real or personal property, or any real property subject to a transfer on death deed, that was granted by a conservator, guardian, or committee of the testator or settlor. This subsection shall not apply if, after the mortgage, pledge, security interest, or other lien granted by the conservator, guardian, or committee, there is an adjudication that the testator’s or settlor’s disability has ceased and the testator or settlor survives that adjudication by at least one year.F\n\nNothing in this section shall affect the priority of a secured debt with respect to the collateral securing such debt.","order_by":null,"text":{"0":{"id":243081,"text":"For the purposes of this section, “revocable,” “settlor,” “trustee,” and “trust instrument” mean the same as those terms are defined in § 64.2-701.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":243082,"text":"Unless a contrary intent is clearly set out in the will, the trust instrument, or a transfer on death deed, (i) real or personal property that is the subject of a specific devise or bequest in the will or the trust instrument that was revocable immediately before the settlor’s death or (ii) real property subject to a transfer on death deed passes, subject to any mortgage, pledge, security interest, or other lien existing at the date of death of the testator or settlor, without the right of exoneration. A general directive in the will or trust instrument to pay debts shall not be evidence of a contrary intent that the mortgage, pledge, security interest, or other lien be exonerated prior to passing to the legatee.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":243083,"text":"The personal representative may give written notice to the creditor holding any debt to which subsection B applies that there is no right of exoneration for such debt pursuant to this section. Such notice shall include a copy of this section. Any such notice shall be sent by certified mail (i) to the address the creditor last provided to the debtor as the address to which notices to the creditor are to be sent; (ii) if the personal representative cannot reasonably determine the address to which notices to the creditor are to be sent, to the address the creditor last provided to the debtor as the address at which payments to the creditor are to be made; or (iii) if the personal representative cannot reasonably determine either the address to which notices to the creditor are to be sent or at which payments to the creditor are to be made, to (a) the address of the creditor’s registered agent on file with the Virginia State Corporation Commission or (b) if there is no such registered agent on file, to the creditor’s last known address. The creditor holding such debt may file a claim for such debt with the commissioner of accounts pursuant to § 64.2-552 on or before the later of one year after the qualification of the personal representative of the decedent’s estate or six months after the personal representative gives such written notice to the creditor. Once the personal representative has given notice to the creditor as provided in this section, unless the creditor files a timely claim against the estate as set forth in this subsection, the liability of a personal representative or his surety for such debt shall not exceed the assets of the decedent remaining in the possession of the personal representative and available for application to the debt pursuant to § 64.2-528 at the time the creditor presents a demand for payment of such debt to the personal representative. Nothing in this section shall affect either the liability of the estate for such debt to the extent of the decedent’s assets remaining at the time a claim is filed or the liability of the beneficiaries that receive the decedent’s assets to the extent of such receipt.\n\t\t\tIn the event that any such claim is timely filed with the commissioner of accounts, the personal representative shall give the specific beneficiary receiving such real or personal property written notice, within 90 days after such claim is filed, to obtain from the creditor the release of the estate from such claim. The notice to a beneficiary may be made to the personal representative of a deceased beneficiary whose estate is a beneficiary, an attorney-in-fact for a beneficiary, a guardian or conservator of an incapacitated beneficiary, a committee of a convict or insane beneficiary, or the duly qualified guardian of a minor or, if none exists, a custodial parent of a minor. If the estate has not been released from such claim after the later of 180 days from such notice or one year from qualification, the personal representative may (1) sell the real or personal property that is the subject of a specific devise or bequest and that is also subject to the claim, (2) apply the proceeds of sale to the satisfaction of the claim, and (3) distribute any excess proceeds from such sale of the specific beneficiary of such property. If the proceeds of such sale are insufficient to satisfy the debt in full, the deficiency shall remain a debt of the estate to be satisfied from the other assets of the estate in accordance with applicable law. If such real property is subject to a transfer on death deed and is also subject to the claim, the personal representative may proceed as provided in § 64.2-634 to enforce the liability for such claim against such property.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":243084,"text":"Subsection B shall not apply to any mortgage, pledge, security interest, or other lien existing at the date of death of the testator or settlor against any specifically devised or bequeathed real or personal property, or any real property subject to a transfer on death deed, that was granted by an agent acting within the authority of a durable power of attorney for the testator or settlor while the testator or settlor was incapacitated. For the purposes of this section, (i) no adjudication of the testator’s or settlor’s incapacity is necessary, (ii) the acts of an agent within the authority of a durable power of attorney are rebuttably presumed to be for an incapacitated testator or settlor, and (iii) an incapacitated testator or settlor is one who is impaired by reason of mental illness, intellectual disability, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause creating a lack of sufficient understanding or capacity to make or communicate responsible decisions. This subsection shall not apply (a) if the mortgage, pledge, security interest, or other lien granted by the agent on the specific property is thereafter ratified by the testator or settlor while he is not incapacitated or (b) if the durable power of attorney was limited to one or more specific purposes and was not general in nature.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":243085,"text":"Subsection B shall not apply to any mortgage, pledge, security interest, or other lien existing at the date of the death of the testator or settlor against any specific devise or bequest of any real or personal property, or any real property subject to a transfer on death deed, that was granted by a conservator, guardian, or committee of the testator or settlor. This subsection shall not apply if, after the mortgage, pledge, security interest, or other lien granted by the conservator, guardian, or committee, there is an adjudication that the testator’s or settlor’s disability has ceased and the testator or settlor survives that adjudication by at least one year.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":243086,"text":"Nothing in this section shall affect the priority of a secured debt with respect to the collateral securing such debt.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14879,"edition_id":1,"name":"Liability of Personal Estate to Debts","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":13926,"metadata":{},"date_created":"2026-06-26 03:50:32","date_modified":"2026-06-26 03:50:32","permalink":{"id":273497,"object_type":"structure","relational_id":14879,"identifier":"5","token":"64.2\/II\/5\/5","url":"\/64.2\/II\/5\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13926,"edition_id":1,"name":"Personal Representatives and Administration of Estates","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:46:19","date_modified":"2026-06-26 03:46:19","permalink":{"id":273379,"object_type":"structure","relational_id":13926,"identifier":"5","token":"64.2\/II\/5","url":"\/64.2\/II\/5\/","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":82254,"structure_id":14879,"section_number":"64.2-525","catch_line":"Debtor's appointment as executor","url":"\/64.2-525\/","token":"64.2\/II\/5\/5\/64.2-525","metadata":false},{"id":76443,"structure_id":14879,"section_number":"64.2-526","catch_line":"What personal estate to be sold; use of proceeds","url":"\/64.2-526\/","token":"64.2\/II\/5\/5\/64.2-526","metadata":false},{"id":84562,"structure_id":14879,"section_number":"64.2-527","catch_line":"Estate held for another's life; inclusion in personal estate","url":"\/64.2-527\/","token":"64.2\/II\/5\/5\/64.2-527","metadata":false},{"id":85677,"structure_id":14879,"section_number":"64.2-528","catch_line":"Order in which debts and demands of decedents to be paid","url":"\/64.2-528\/","token":"64.2\/II\/5\/5\/64.2-528","metadata":false},{"id":56819,"structure_id":14879,"section_number":"64.2-529","catch_line":"Creditors to be paid in order of their classification; class paid ratably; when representative not liable for paying debt","url":"\/64.2-529\/","token":"64.2\/II\/5\/5\/64.2-529","metadata":false},{"id":67136,"structure_id":14879,"section_number":"64.2-530","catch_line":"Lien acquired during lifetime of decedent not affected","url":"\/64.2-530\/","token":"64.2\/II\/5\/5\/64.2-530","metadata":false},{"id":67079,"structure_id":14879,"section_number":"64.2-531","catch_line":"Nonexoneration; payment of lien if granted by agent","url":"\/64.2-531\/","token":"64.2\/II\/5\/5\/64.2-531","metadata":false}],"previous_section":{"id":67136,"structure_id":14879,"section_number":"64.2-530","catch_line":"Lien acquired during lifetime of decedent not affected","url":"\/64.2-530\/","token":"64.2\/II\/5\/5\/64.2-530","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-531\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapter 341<\/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 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 2012, chapters 476<\/a>, 507<\/a>, and 614<\/a>; in 2013, chapter 390<\/a>; in 2017, chapters 34<\/a> and 139<\/a>; in 2024, chapter 576<\/a>.<\/p>","references":false,"refers_to":[{"id":85677,"section_number":"64.2-528","catch_line":"Order in which debts and demands of decedents to be paid","order_by":null,"url":"\/64.2-528\/"},{"id":70414,"section_number":"64.2-552","catch_line":"How claims filed before commissioners of accounts; tolling of limitations period","order_by":null,"url":"\/64.2-552\/"},{"id":55522,"section_number":"64.2-634","catch_line":"Liability for creditor claims and statutory allowances","order_by":null,"url":"\/64.2-634\/"}],"permalink":{"id":273523,"object_type":"law","relational_id":67079,"identifier":"64.2-531","token":"64.2\/II\/5\/5\/64.2-531","url":"\/64.2-531\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-531\/","token":"64.2\/II\/5\/5\/64.2-531","dublin_core":{"Title":"Nonexoneration; payment of lien if granted by agent","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-531","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section, “revocable,” “settlor,” “trustee<\/span>,” and “trust instrument<\/span>” mean the same as those terms are defined in § 64.2-701<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Unless a contrary intent<\/span> is clearly set out in the will<\/span>, the trust instrument<\/span>, or a transfer on death deed, (i) real or personal property that is the subject of a specific devise or bequest in the will<\/span> or the trust instrument<\/span> that was revocable immediately before the settlor’s death or (ii) real property subject to a transfer on death deed passes, subject to any mortgage, pledge, security interest, or other lien<\/span> existing at the date of death of the testator or settlor, without the right of exoneration. A general directive in the will<\/span> or trust instrument<\/span> to pay debts shall not be evidence<\/span> of a contrary intent<\/span> that the mortgage, pledge, security interest, or other lien<\/span> be exonerated prior to passing to the legatee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The personal representative<\/span> may give written notice to the creditor<\/span> holding any debt to which subsection B applies that there is no right of exoneration for such debt pursuant to this section. Such notice shall include a copy of this section. Any such notice shall be sent by certified mail (i) to the address the creditor<\/span> last provided to the debtor as the address to which notices to the creditor<\/span> are to be sent; (ii) if the personal representative<\/span> cannot reasonably determine the address to which notices to the creditor<\/span> are to be sent, to the address the creditor<\/span> last provided to the debtor as the address at which payments to the creditor<\/span> are to be made; or (iii) if the personal representative<\/span> cannot reasonably determine either the address to which notices to the creditor<\/span> are to be sent or at which payments to the creditor<\/span> are to be made, to (a) the address of the creditor<\/span>’s registered agent on file with the Virginia State Corporation Commission or (b) if there is no such registered agent on file, to the creditor<\/span>’s last known address. The creditor<\/span> holding such debt may file a claim for such debt with the commissioner of accounts pursuant to § 64.2-552<\/a> on or before the later of one year after the qualification of the personal representative<\/span> of the decedent’s estate or six months after the personal representative<\/span> gives such written notice to the creditor<\/span>. Once the personal representative<\/span> has given notice to the creditor<\/span> as provided in this section, unless the creditor<\/span> files a timely claim against the estate as set forth in this subsection, the liability of a personal representative<\/span> or his surety<\/span> for such debt shall not exceed the assets<\/span> of the decedent remaining in the possession<\/span> of the personal representative<\/span> and available for application to the debt pursuant to § 64.2-528<\/a> at the time the creditor<\/span> presents a demand for payment of such debt to the personal representative<\/span>. Nothing in this section shall affect either the liability of the estate for such debt to the extent of the decedent’s assets<\/span> remaining at the time a claim is filed or the liability of the beneficiaries that receive the decedent’s assets<\/span> to the extent of such receipt.\n\t\t\tIn the event that any such claim is timely filed with the commissioner of accounts, the personal representative<\/span> shall give the specific beneficiary receiving such real or personal property written notice, within 90 days after such claim is filed, to obtain from the creditor<\/span> the release of the estate from such claim. The notice to a beneficiary may be made to the personal representative<\/span> of a deceased beneficiary whose estate is a beneficiary, an attorney-in-fact<\/span><\/span> for a beneficiary, a guardian or conservator of an incapacitated beneficiary, a committee of a convict or insane beneficiary, or the duly qualified guardian of a minor<\/span> or, if none exists, a custodial parent of a minor<\/span>. If the estate has not been released from such claim after the later of 180 days from such notice or one year from qualification, the personal representative<\/span> may (1) sell the real or personal property that is the subject of a specific devise or bequest and that is also subject to the claim, (2) apply the proceeds of sale to the satisfaction of the claim, and (3) distribute any excess proceeds from such sale of the specific beneficiary of such property. If the proceeds of such sale are insufficient to satisfy the debt in full, the deficiency shall remain a debt of the estate to be satisfied from the other assets<\/span> of the estate in accordance with applicable law<\/span>. If such real property is subject to a transfer on death deed and is also subject to the claim, the personal representative<\/span> may proceed as provided in § 64.2-634<\/a> to enforce the liability for such claim against such property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Subsection B shall not apply to any mortgage, pledge, security interest, or other lien<\/span> existing at the date of death of the testator or settlor against any specifically devised or bequeathed real or personal property, or any real property subject to a transfer on death deed, that was granted by an agent acting within the authority of a durable power of attorney<\/span> for the testator or settlor while the testator or settlor was incapacitated. For the purposes of this section, (i) no adjudication of the testator’s or settlor’s incapacity is necessary, (ii) the acts of an agent within the authority of a durable power of attorney<\/span> are rebuttably presumed to be for an incapacitated testator or settlor, and (iii) an incapacitated testator or settlor is one who is impaired by reason of mental illness, intellectual disability, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause creating a lack of sufficient understanding or capacity to make or communicate responsible decisions. This subsection shall not apply (a) if the mortgage, pledge, security interest, or other lien<\/span> granted by the agent on the specific property is thereafter ratified by the testator or settlor while he is not incapacitated or (b) if the durable power of attorney<\/span> was limited to one or more specific purposes and was not general in nature. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Subsection B shall not apply to any mortgage, pledge, security interest, or other lien<\/span> existing at the date of the death of the testator or settlor against any specific devise or bequest of any real or personal property, or any real property subject to a transfer on death deed, that was granted by a conservator, guardian, or committee of the testator or settlor. This subsection shall not apply if, after the mortgage, pledge, security interest, or other lien<\/span> granted by the conservator, guardian, or committee, there is an adjudication that the testator’s or settlor’s disability has ceased and the testator or settlor survives that adjudication by at least one year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this section shall affect the priority of a secured debt<\/span> with respect to the collateral<\/span> securing such debt. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNONEXONERATION; PAYMENT OF LIEN IF GRANTED BY AGENT (\u00a7 64.2-531)\n\nA. For the purposes of this section, “revocable,”\n“settlor,” “trustee,” and “trust instrument”\nmean the same as those terms are defined in § 64.2-701.\n\nB. Unless a contrary intent is clearly set out in the will, the trust\ninstrument, or a transfer on death deed, (i) real or personal property that is\nthe subject of a specific devise or bequest in the will or the trust instrument\nthat was revocable immediately before the settlor’s death or (ii) real\nproperty subject to a transfer on death deed passes, subject to any mortgage,\npledge, security interest, or other lien existing at the date of death of the\ntestator or settlor, without the right of exoneration. A general directive in\nthe will or trust instrument to pay debts shall not be evidence of a contrary\nintent that the mortgage, pledge, security interest, or other lien be exonerated\nprior to passing to the legatee.\n\nC. The personal representative may give written notice to the creditor holding\nany debt to which subsection B applies that there is no right of exoneration for\nsuch debt pursuant to this section. Such notice shall include a copy of this\nsection. Any such notice shall be sent by certified mail (i) to the address the\ncreditor last provided to the debtor as the address to which notices to the\ncreditor are to be sent; (ii) if the personal representative cannot reasonably\ndetermine the address to which notices to the creditor are to be sent, to the\naddress the creditor last provided to the debtor as the address at which\npayments to the creditor are to be made; or (iii) if the personal representative\ncannot reasonably determine either the address to which notices to the creditor\nare to be sent or at which payments to the creditor are to be made, to (a) the\naddress of the creditor’s registered agent on file with the Virginia State\nCorporation Commission or (b) if there is no such registered agent on file, to\nthe creditor’s last known address. The creditor holding such debt may file\na claim for such debt with the commissioner of accounts pursuant to §\n64.2-552 on or before the later of one year after the qualification of the\npersonal representative of the decedent’s estate or six months after the\npersonal representative gives such written notice to the creditor. Once the\npersonal representative has given notice to the creditor as provided in this\nsection, unless the creditor files a timely claim against the estate as set\nforth in this subsection, the liability of a personal representative or his\nsurety for such debt shall not exceed the assets of the decedent remaining in\nthe possession of the personal representative and available for application to\nthe debt pursuant to § 64.2-528 at the time the creditor presents a demand\nfor payment of such debt to the personal representative. Nothing in this section\nshall affect either the liability of the estate for such debt to the extent of\nthe decedent’s assets remaining at the time a claim is filed or the\nliability of the beneficiaries that receive the decedent’s assets to the\nextent of such receipt.\n\t\t\tIn the event that any such claim is timely filed with the commissioner of\naccounts, the personal representative shall give the specific beneficiary\nreceiving such real or personal property written notice, within 90 days after\nsuch claim is filed, to obtain from the creditor the release of the estate from\nsuch claim. The notice to a beneficiary may be made to the personal\nrepresentative of a deceased beneficiary whose estate is a beneficiary, an\nattorney-in-fact for a beneficiary, a guardian or conservator of an\nincapacitated beneficiary, a committee of a convict or insane beneficiary, or\nthe duly qualified guardian of a minor or, if none exists, a custodial parent of\na minor. If the estate has not been released from such claim after the later of\n180 days from such notice or one year from qualification, the personal\nrepresentative may (1) sell the real or personal property that is the subject of\na specific devise or bequest and that is also subject to the claim, (2) apply\nthe proceeds of sale to the satisfaction of the claim, and (3) distribute any\nexcess proceeds from such sale of the specific beneficiary of such property. If\nthe proceeds of such sale are insufficient to satisfy the debt in full, the\ndeficiency shall remain a debt of the estate to be satisfied from the other\nassets of the estate in accordance with applicable law. If such real property is\nsubject to a transfer on death deed and is also subject to the claim, the\npersonal representative may proceed as provided in § 64.2-634 to enforce\nthe liability for such claim against such property.\n\nD. Subsection B shall not apply to any mortgage, pledge, security interest, or\nother lien existing at the date of death of the testator or settlor against any\nspecifically devised or bequeathed real or personal property, or any real\nproperty subject to a transfer on death deed, that was granted by an agent\nacting within the authority of a durable power of attorney for the testator or\nsettlor while the testator or settlor was incapacitated. For the purposes of\nthis section, (i) no adjudication of the testator’s or settlor’s\nincapacity is necessary, (ii) the acts of an agent within the authority of a\ndurable power of attorney are rebuttably presumed to be for an incapacitated\ntestator or settlor, and (iii) an incapacitated testator or settlor is one who\nis impaired by reason of mental illness, intellectual disability, physical\nillness or disability, chronic use of drugs, chronic intoxication, or other\ncause creating a lack of sufficient understanding or capacity to make or\ncommunicate responsible decisions. This subsection shall not apply (a) if the\nmortgage, pledge, security interest, or other lien granted by the agent on the\nspecific property is thereafter ratified by the testator or settlor while he is\nnot incapacitated or (b) if the durable power of attorney was limited to one or\nmore specific purposes and was not general in nature.\n\nE. Subsection B shall not apply to any mortgage, pledge, security interest, or\nother lien existing at the date of the death of the testator or settlor against\nany specific devise or bequest of any real or personal property, or any real\nproperty subject to a transfer on death deed, that was granted by a conservator,\nguardian, or committee of the testator or settlor. This subsection shall not\napply if, after the mortgage, pledge, security interest, or other lien granted\nby the conservator, guardian, or committee, there is an adjudication that the\ntestator’s or settlor’s disability has ceased and the testator or\nsettlor survives that adjudication by at least one year.\n\nF. Nothing in this section shall affect the priority of a secured debt with\nrespect to the collateral securing such debt.\n\nHISTORY: 2007, c. 341, \u00a7 64.1-157.1; 2012, cc. 476, 507, 614; 2013, c. 390;\n2017, cc. 34, 139; 2024, c. 576.","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}}