{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-535.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-535.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-535.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-535.html"}],"law_id":76405,"edition_id":1,"section_id":76405,"structure_id":16724,"section_number":"64.2-535","catch_line":"When sale and conveyance within one year valid against creditors; proceeds paid to special commissioner; bond to obtain proceeds","history":"Code 1950, \u00a7 64-173.1; 1968, c. 656, \u00a7 64.1-184; 1996, c. 65; 2012, c. 614.","full_text":"A\n\nFor purposes of this section:\n\t\t\t“Net proceeds” means the purchase price for the real estate, including money, deferred purchase money obligations, and other securities, remaining after the payment of the expenses of sale ordinarily paid by the seller in sales of such real estate and the discharge of indebtedness and encumbrances that the real estate is primarily liable for by law.B\n\nAny sale and conveyance of real estate that is an asset for the payment of a decedent’s debts or lawful demands against his estate pursuant to § 64.2-532 made within one year after the death of the decedent is valid against creditors of such decedent, if such real estate is sold and conveyed pursuant to a decree of a court of competent jurisdiction in an action for partition, sale of lands of persons under a disability, or other judicial sale, and the net proceeds of sale are paid to a special commissioner appointed by the court.C\n\nThe special commissioner shall hold the net proceeds paid to him in lieu of the real estate subject to the claims of the decedent’s creditors in the same manner and to the same extent as such real estate would have been if not sold until at least one year after the death of the decedent. If no claim has been asserted against the net proceeds, the special commissioner shall distribute the net proceeds to those creditors entitled thereto in proportion to their interest in the real estate upon (i) the expiration of the one-year period or (ii) at any time within the one-year period upon posting bond with such surety as may be prescribed by the court to secure any claims against the real estate or net proceeds.D\n\nA purchaser of any real estate sold and conveyed in accordance with this section is not required to see to the application of the purchase money.E\n\nThe special commissioner who receives and holds such net proceeds or refunding bond shall give such bond as required by the court appointing him.","order_by":null,"text":{"0":{"id":274264,"text":"For purposes of this section:\n\t\t\t“Net proceeds” means the purchase price for the real estate, including money, deferred purchase money obligations, and other securities, remaining after the payment of the expenses of sale ordinarily paid by the seller in sales of such real estate and the discharge of indebtedness and encumbrances that the real estate is primarily liable for by law.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":274265,"text":"Any sale and conveyance of real estate that is an asset for the payment of a decedent’s debts or lawful demands against his estate pursuant to § 64.2-532 made within one year after the death of the decedent is valid against creditors of such decedent, if such real estate is sold and conveyed pursuant to a decree of a court of competent jurisdiction in an action for partition, sale of lands of persons under a disability, or other judicial sale, and the net proceeds of sale are paid to a special commissioner appointed by the court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":274266,"text":"The special commissioner shall hold the net proceeds paid to him in lieu of the real estate subject to the claims of the decedent’s creditors in the same manner and to the same extent as such real estate would have been if not sold until at least one year after the death of the decedent. If no claim has been asserted against the net proceeds, the special commissioner shall distribute the net proceeds to those creditors entitled thereto in proportion to their interest in the real estate upon (i) the expiration of the one-year period or (ii) at any time within the one-year period upon posting bond with such surety as may be prescribed by the court to secure any claims against the real estate or net proceeds.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":274267,"text":"A purchaser of any real estate sold and conveyed in accordance with this section is not required to see to the application of the purchase money.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":274268,"text":"The special commissioner who receives and holds such net proceeds or refunding bond shall give such bond as required by the court appointing him.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":16724,"edition_id":1,"name":"Liability of Real Estate to Debts","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":13926,"metadata":{},"date_created":"2026-06-26 04:36:30","date_modified":"2026-06-26 04:36:30","permalink":{"id":273527,"object_type":"structure","relational_id":16724,"identifier":"6","token":"64.2\/II\/5\/6","url":"\/64.2\/II\/5\/6\/","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":79038,"structure_id":16724,"section_number":"64.2-532","catch_line":"Real estate of decedent as assets for payment of debts","url":"\/64.2-532\/","token":"64.2\/II\/5\/6\/64.2-532","metadata":false},{"id":84313,"structure_id":16724,"section_number":"64.2-533","catch_line":"Administration of assets for payment of debts","url":"\/64.2-533\/","token":"64.2\/II\/5\/6\/64.2-533","metadata":false},{"id":82983,"structure_id":16724,"section_number":"64.2-534","catch_line":"Liability of heir or devisee for value of real estate sold and conveyed; validity of premature conveyances","url":"\/64.2-534\/","token":"64.2\/II\/5\/6\/64.2-534","metadata":false},{"id":76405,"structure_id":16724,"section_number":"64.2-535","catch_line":"When sale and conveyance within one year valid against creditors; proceeds paid to special commissioner; bond to obtain proceeds","url":"\/64.2-535\/","token":"64.2\/II\/5\/6\/64.2-535","metadata":false},{"id":79174,"structure_id":16724,"section_number":"64.2-536","catch_line":"Liability of heir or devisee; action by personal representative or creditor; recording notice of lis pendens; evidence","url":"\/64.2-536\/","token":"64.2\/II\/5\/6\/64.2-536","metadata":false},{"id":80644,"structure_id":16724,"section_number":"64.2-537","catch_line":"Action to enforce claim of less than $100; notice","url":"\/64.2-537\/","token":"64.2\/II\/5\/6\/64.2-537","metadata":false},{"id":80485,"structure_id":16724,"section_number":"64.2-538","catch_line":"Lien acquired during lifetime of decedent not affected","url":"\/64.2-538\/","token":"64.2\/II\/5\/6\/64.2-538","metadata":false}],"previous_section":{"id":82983,"structure_id":16724,"section_number":"64.2-534","catch_line":"Liability of heir or devisee for value of real estate sold and conveyed; validity of premature conveyances","url":"\/64.2-534\/","token":"64.2\/II\/5\/6\/64.2-534","metadata":false},"next_section":{"id":79174,"structure_id":16724,"section_number":"64.2-536","catch_line":"Liability of heir or devisee; action by personal representative or creditor; recording notice of lis pendens; evidence","url":"\/64.2-536\/","token":"64.2\/II\/5\/6\/64.2-536","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-535\/","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 1996, chapter 65<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":[{"id":82983,"section_number":"64.2-534","catch_line":"Liability of heir or devisee for value of real estate sold and conveyed; validity of premature conveyances","order_by":null,"url":"\/64.2-534\/"}],"refers_to":[{"id":79038,"section_number":"64.2-532","catch_line":"Real estate of decedent as assets for payment of debts","order_by":null,"url":"\/64.2-532\/"}],"permalink":{"id":273541,"object_type":"law","relational_id":76405,"identifier":"64.2-535","token":"64.2\/II\/5\/6\/64.2-535","url":"\/64.2-535\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-535\/","token":"64.2\/II\/5\/6\/64.2-535","dublin_core":{"Title":"When sale and conveyance within one year valid against creditors; proceeds paid to special commissioner; bond to obtain proceeds","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-535","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section:\n\t\t\t“Net proceeds<\/span>” means the purchase price for the real estate, including money, deferred purchase money obligations, and other securities, remaining after the payment of the expenses of sale ordinarily paid by the seller in sales of such real estate and the discharge of indebtedness and encumbrances that the real estate is primarily liable for by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any sale and conveyance of real estate that is an asset for the payment of a decedent’s debts or lawful demands against his estate pursuant to § 64.2-532<\/a> made within one year after the death of the decedent is valid against creditors<\/span> of such decedent, if such real estate is sold and conveyed pursuant to a decree<\/span> of a court<\/span> of competent jurisdiction<\/span> in an action for partition<\/span>, sale of lands of persons under a disability, or other judicial sale, and the net proceeds<\/span> of sale are paid to a special commissioner appointed by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The special commissioner shall hold the net proceeds<\/span> paid to him in lieu of the real estate subject to the claims of the decedent’s creditors<\/span> in the same manner and to the same extent as such real estate would have been if not sold until at least one year after the death of the decedent. If no claim has been asserted against the net proceeds<\/span>, the special commissioner shall distribute the net proceeds<\/span> to those creditors<\/span> entitled thereto in proportion to their interest in the real estate upon (i) the expiration of the one-year period or (ii) at any time within the one-year period upon posting bond<\/span> with such surety<\/span> as may be prescribed by the court<\/span> to secure any claims against the real estate or net proceeds<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A purchaser<\/span> of any real estate sold and conveyed in accordance with this section is not required to see to the application of the purchase money. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The special commissioner who receives and holds such net proceeds<\/span> or refunding bond<\/span> shall give such bond<\/span> as required by the court<\/span> appointing him. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN SALE AND CONVEYANCE WITHIN ONE YEAR VALID AGAINST CREDITORS; PROCEEDS PAID\nTO SPECIAL COMMISSIONER; BOND TO OBTAIN PROCEEDS (\u00a7 64.2-535)\n\nA. For purposes of this section:\n\t\t\t“Net proceeds” means the purchase price for the real estate,\nincluding money, deferred purchase money obligations, and other securities,\nremaining after the payment of the expenses of sale ordinarily paid by the\nseller in sales of such real estate and the discharge of indebtedness and\nencumbrances that the real estate is primarily liable for by law.\n\nB. Any sale and conveyance of real estate that is an asset for the payment of a\ndecedent’s debts or lawful demands against his estate pursuant to §\n64.2-532 made within one year after the death of the decedent is valid against\ncreditors of such decedent, if such real estate is sold and conveyed pursuant to\na decree of a court of competent jurisdiction in an action for partition, sale\nof lands of persons under a disability, or other judicial sale, and the net\nproceeds of sale are paid to a special commissioner appointed by the court.\n\nC. The special commissioner shall hold the net proceeds paid to him in lieu of\nthe real estate subject to the claims of the decedent’s creditors in the\nsame manner and to the same extent as such real estate would have been if not\nsold until at least one year after the death of the decedent. If no claim has\nbeen asserted against the net proceeds, the special commissioner shall\ndistribute the net proceeds to those creditors entitled thereto in proportion to\ntheir interest in the real estate upon (i) the expiration of the one-year period\nor (ii) at any time within the one-year period upon posting bond with such\nsurety as may be prescribed by the court to secure any claims against the real\nestate or net proceeds.\n\nD. A purchaser of any real estate sold and conveyed in accordance with this\nsection is not required to see to the application of the purchase money.\n\nE. The special commissioner who receives and holds such net proceeds or\nrefunding bond shall give such bond as required by the court appointing him.\n\nHISTORY: Code 1950, \u00a7 64-173.1; 1968, c. 656, \u00a7 64.1-184; 1996, c. 65; 2012,\nc. 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}}