{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-553.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-553.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-553.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-553.html"}],"law_id":69173,"edition_id":1,"section_id":69173,"structure_id":14954,"section_number":"64.2-553","catch_line":"When court to order payment of debts","history":"Code 1950, \u00a7\u00a7 64-164, 64-165, 64-166; 1968, c. 656, \u00a7\u00a7 64.1-174, 64.1-175, 64.1-176; 2012, c. 614.","full_text":"A\n\nUpon confirmation of a report of the accounts of any personal representative and of the debts and demands against the decedent’s estate pursuant to Chapter 12 (§ 64.2-1200 et seq.), the court shall order that so much of the estate in the possession of the personal representative as is proper be applied to the payment of such debts and demands. The court, in its discretion, may order that a portion of the estate be reserved to pay all or a proportion of a claim of a surety for the decedent or any other contingent claim against the estate, or to pay all or a proportion of any other claim not finally passed upon, provided that creditors of the same class shall be paid in the same proportion.B\n\nFor any claim allowed subsequent to any dividend where the court ordered that a portion of the estate be reserved to pay such a claim, the court shall order that the claim be paid from the estate in the possession of the personal representative, regardless of the existence of any debt or demand of superior dignity for which no reservation has been ordered. The claim shall be paid in the same proportion as creditors of the same class, provided, however, that whether there be enough reserved to pay the claim pursuant to this subsection shall not affect any dividend already paid.C\n\nIf there are assets remaining in the possession of the personal representative after claims are paid pursuant to subsections A and B, or if further assets come into the possession of the personal representative, such surplus shall be divided among all the decedent’s creditors who have proved debts and demands against the decedent’s estate in the order and proportion in which they may be entitled.","order_by":null,"text":{"0":{"id":250294,"text":"Upon confirmation of a report of the accounts of any personal representative and of the debts and demands against the decedent’s estate pursuant to Chapter 12 (§ 64.2-1200 et seq.), the court shall order that so much of the estate in the possession of the personal representative as is proper be applied to the payment of such debts and demands. The court, in its discretion, may order that a portion of the estate be reserved to pay all or a proportion of a claim of a surety for the decedent or any other contingent claim against the estate, or to pay all or a proportion of any other claim not finally passed upon, provided that creditors of the same class shall be paid in the same proportion.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250295,"text":"For any claim allowed subsequent to any dividend where the court ordered that a portion of the estate be reserved to pay such a claim, the court shall order that the claim be paid from the estate in the possession of the personal representative, regardless of the existence of any debt or demand of superior dignity for which no reservation has been ordered. The claim shall be paid in the same proportion as creditors of the same class, provided, however, that whether there be enough reserved to pay the claim pursuant to this subsection shall not affect any dividend already paid.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250296,"text":"If there are assets remaining in the possession of the personal representative after claims are paid pursuant to subsections A and B, or if further assets come into the possession of the personal representative, such surplus shall be divided among all the decedent’s creditors who have proved debts and demands against the decedent’s estate in the order and proportion in which they may be entitled.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14954,"edition_id":1,"name":"Settlement of Accounts and Distribution","identifier":"9","label":"article","depth":4,"order_by":1,"parent_id":13926,"metadata":{},"date_created":"2026-06-26 03:51:03","date_modified":"2026-06-26 03:51:03","permalink":{"id":273605,"object_type":"structure","relational_id":14954,"identifier":"9","token":"64.2\/II\/5\/9","url":"\/64.2\/II\/5\/9\/","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":57055,"structure_id":14954,"section_number":"64.2-550","catch_line":"Proceedings for receiving proof of debts by commissioners of accounts","url":"\/64.2-550\/","token":"64.2\/II\/5\/9\/64.2-550","metadata":false},{"id":81596,"structure_id":14954,"section_number":"64.2-551","catch_line":"Account of debts by commissioners of accounts","url":"\/64.2-551\/","token":"64.2\/II\/5\/9\/64.2-551","metadata":false},{"id":70414,"structure_id":14954,"section_number":"64.2-552","catch_line":"How claims filed before commissioners of accounts; tolling of limitations period","url":"\/64.2-552\/","token":"64.2\/II\/5\/9\/64.2-552","metadata":false},{"id":69173,"structure_id":14954,"section_number":"64.2-553","catch_line":"When court to order payment of debts","url":"\/64.2-553\/","token":"64.2\/II\/5\/9\/64.2-553","metadata":false},{"id":60155,"structure_id":14954,"section_number":"64.2-554","catch_line":"When distribution may be required; refunding bond","url":"\/64.2-554\/","token":"64.2\/II\/5\/9\/64.2-554","metadata":false},{"id":63804,"structure_id":14954,"section_number":"64.2-555","catch_line":"When fiduciaries are protected by refunding bonds","url":"\/64.2-555\/","token":"64.2\/II\/5\/9\/64.2-555","metadata":false},{"id":75441,"structure_id":14954,"section_number":"64.2-556","catch_line":"Order to creditors to show cause against distribution of estate to legatees or distributees; liability of legatees or distributees to refund","url":"\/64.2-556\/","token":"64.2\/II\/5\/9\/64.2-556","metadata":false},{"id":58575,"structure_id":14954,"section_number":"64.2-557","catch_line":"Form for notice to show cause under \u00a7 64.2-556","url":"\/64.2-557\/","token":"64.2\/II\/5\/9\/64.2-557","metadata":false},{"id":62484,"structure_id":14954,"section_number":"64.2-558","catch_line":"Distribution to persons standing in loco parentis to certain beneficiaries","url":"\/64.2-558\/","token":"64.2\/II\/5\/9\/64.2-558","metadata":false}],"previous_section":{"id":70414,"structure_id":14954,"section_number":"64.2-552","catch_line":"How claims filed before commissioners of accounts; tolling of limitations period","url":"\/64.2-552\/","token":"64.2\/II\/5\/9\/64.2-552","metadata":false},"next_section":{"id":60155,"structure_id":14954,"section_number":"64.2-554","catch_line":"When distribution may be required; refunding bond","url":"\/64.2-554\/","token":"64.2\/II\/5\/9\/64.2-554","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-553\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":[{"id":72768,"section_number":"64.2-1200","catch_line":"Commissioners of accounts","order_by":null,"url":"\/64.2-1200\/"}],"permalink":{"id":273619,"object_type":"law","relational_id":69173,"identifier":"64.2-553","token":"64.2\/II\/5\/9\/64.2-553","url":"\/64.2-553\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-553\/","token":"64.2\/II\/5\/9\/64.2-553","dublin_core":{"Title":"When court to order payment of debts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-553","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon confirmation of a report of the accounts of any personal representative<\/span> and of the debts and demands against the decedent’s estate pursuant to Chapter 12 (§ 64.2-1200<\/a> et seq.), the court<\/span> shall order<\/span> that so much of the estate in the possession<\/span> of the personal representative<\/span> as is proper be applied to the payment of such debts and demands. The court<\/span>, in its discretion, may order<\/span> that a portion of the estate be reserved to pay all or a proportion of a claim of a surety<\/span> for the decedent or any other contingent claim<\/span> against the estate, or to pay all or a proportion of any other claim not finally passed upon, provided that creditors<\/span> of the same class shall be paid in the same proportion. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For any claim allowed subsequent to any dividend where the court<\/span> ordered that a portion of the estate be reserved to pay such a claim, the court<\/span> shall order<\/span> that the claim be paid from the estate in the possession<\/span> of the personal representative<\/span>, regardless of the existence of any debt or demand of superior dignity for which no reservation has been ordered. The claim shall be paid in the same proportion as creditors<\/span> of the same class, provided, however, that whether there be enough reserved to pay the claim pursuant to this subsection shall not affect any dividend already paid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If there are assets<\/span> remaining in the possession<\/span> of the personal representative<\/span> after claims are paid pursuant to subsections A and B, or if further assets<\/span> come into the possession<\/span> of the personal representative<\/span>, such surplus shall be divided among all the decedent’s creditors<\/span> who have proved debts and demands against the decedent’s estate in the order<\/span> and proportion in which they may be entitled. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN COURT TO ORDER PAYMENT OF DEBTS (\u00a7 64.2-553)\n\nA. Upon confirmation of a report of the accounts of any personal representative\nand of the debts and demands against the decedent’s estate pursuant to\nChapter 12 (§ 64.2-1200 et seq.), the court shall order that so much of the\nestate in the possession of the personal representative as is proper be applied\nto the payment of such debts and demands. The court, in its discretion, may\norder that a portion of the estate be reserved to pay all or a proportion of a\nclaim of a surety for the decedent or any other contingent claim against the\nestate, or to pay all or a proportion of any other claim not finally passed\nupon, provided that creditors of the same class shall be paid in the same\nproportion.\n\nB. For any claim allowed subsequent to any dividend where the court ordered that\na portion of the estate be reserved to pay such a claim, the court shall order\nthat the claim be paid from the estate in the possession of the personal\nrepresentative, regardless of the existence of any debt or demand of superior\ndignity for which no reservation has been ordered. The claim shall be paid in\nthe same proportion as creditors of the same class, provided, however, that\nwhether there be enough reserved to pay the claim pursuant to this subsection\nshall not affect any dividend already paid.\n\nC. If there are assets remaining in the possession of the personal\nrepresentative after claims are paid pursuant to subsections A and B, or if\nfurther assets come into the possession of the personal representative, such\nsurplus shall be divided among all the decedent’s creditors who have\nproved debts and demands against the decedent’s estate in the order and\nproportion in which they may be entitled.\n\nHISTORY: Code 1950, \u00a7\u00a7 64-164, 64-165, 64-166; 1968, c. 656, \u00a7\u00a7 64.1-174,\n64.1-175, 64.1-176; 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}}