{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-604.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-604.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-604.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-604.html"}],"law_id":69376,"edition_id":1,"section_id":69376,"structure_id":12971,"section_number":"64.2-604","catch_line":"Payment or delivery of small asset; funeral expenses and disposition","history":"2010, c. 269, \u00a7 64.1-132.5; 2012, c. 614; 2023, cc. 414, 494.","full_text":"A\n\nNotwithstanding the provisions of this article, 30 days after the death of a decedent upon whose estate there shall have been no application for the appointment of a personal representative pending or granted in any jurisdiction, any person having possession of a small asset belonging to the decedent shall, at the request of a successor, pay or deliver to the licensed funeral service establishment handling the funeral, if there is one, and the disposition of the decedent so much of the small asset as does not exceed the amount given priority by \u00a7 64.2-528 and has not already been so paid upon being presented an affidavit made by the licensed funeral service establishment, at the request of a successor, stating:1\n\nThat it is the licensed funeral service establishment handling the funeral, if there is one, and the disposition of the decedent;2\n\nThe legal name and business address of the licensed funeral service establishment;3\n\nThe amount given priority by § 64.2-528, or the amount due to it for the funeral, if there is one, and the disposition of the decedent reduced by any other payments it has received or expects to receive;4\n\nThe reasons and supporting evidence that the person to whom the affidavit will be presented is in possession of a small asset belonging to the decedent; and5\n\nThat a successor has represented to it in writing that at least 30 days have elapsed since the decedent’s death and no application for the appointment of a personal representative is pending, has been granted, or is expected in any jurisdiction.B\n\n1. Any person paying or delivering a small asset pursuant to this section is discharged and released to the same extent as if that person dealt with the personal representative of the decedent and a receipt of the payee shall be a full and final release of the payor as to such sum. Such person is not required to see the application of the small asset or to inquire into the truth of any statement in any affidavit presented pursuant to subsection A.2\n\nIf any person to whom an affidavit is presented pursuant to subsection A refuses to pay or deliver any small asset belonging to the decedent of which he is in possession pursuant to this section, it may be recovered, or its payment or delivery compelled, and damages may be recovered, on proof of rightful claim in a proceeding brought for that purpose by or on behalf of the licensed funeral service establishment. However, no such damages may be recovered if it is established in such proceeding that the refusal to pay or deliver the small asset was made in good faith.C\n\nAny licensed funeral service establishment to whom payment or delivery of a small asset has been made under this section is answerable and accountable therefor to any personal representative of the decedent’s estate or to any successor having an equal or superior right.","order_by":null,"text":{"0":{"id":250915,"text":"Notwithstanding the provisions of this article, 30 days after the death of a decedent upon whose estate there shall have been no application for the appointment of a personal representative pending or granted in any jurisdiction, any person having possession of a small asset belonging to the decedent shall, at the request of a successor, pay or deliver to the licensed funeral service establishment handling the funeral, if there is one, and the disposition of the decedent so much of the small asset as does not exceed the amount given priority by \u00a7 64.2-528 and has not already been so paid upon being presented an affidavit made by the licensed funeral service establishment, at the request of a successor, stating:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":250916,"text":"That it is the licensed funeral service establishment handling the funeral, if there is one, and the disposition of the decedent;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":250917,"text":"The legal name and business address of the licensed funeral service establishment;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":250918,"text":"The amount given priority by § 64.2-528, or the amount due to it for the funeral, if there is one, and the disposition of the decedent reduced by any other payments it has received or expects to receive;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":250919,"text":"The reasons and supporting evidence that the person to whom the affidavit will be presented is in possession of a small asset belonging to the decedent; and","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":250920,"text":"That a successor has represented to it in writing that at least 30 days have elapsed since the decedent’s death and no application for the appointment of a personal representative is pending, has been granted, or is expected in any jurisdiction.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":250921,"text":"1. Any person paying or delivering a small asset pursuant to this section is discharged and released to the same extent as if that person dealt with the personal representative of the decedent and a receipt of the payee shall be a full and final release of the payor as to such sum. Such person is not required to see the application of the small asset or to inquire into the truth of any statement in any affidavit presented pursuant to subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"B2"},"7":{"id":250922,"text":"If any person to whom an affidavit is presented pursuant to subsection A refuses to pay or deliver any small asset belonging to the decedent of which he is in possession pursuant to this section, it may be recovered, or its payment or delivery compelled, and damages may be recovered, on proof of rightful claim in a proceeding brought for that purpose by or on behalf of the licensed funeral service establishment. However, no such damages may be recovered if it is established in such proceeding that the refusal to pay or deliver the small asset was made in good faith.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"C"},"8":{"id":250923,"text":"Any licensed funeral service establishment to whom payment or delivery of a small asset has been made under this section is answerable and accountable therefor to any personal representative of the decedent’s estate or to any successor having an equal or superior right.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2"}},"ancestry":[{"id":12971,"edition_id":1,"name":"Virginia Small Estate Act","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12970,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":273645,"object_type":"structure","relational_id":12971,"identifier":"1","token":"64.2\/II\/6\/1","url":"\/64.2\/II\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12970,"edition_id":1,"name":"Transfers Without Qualification","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":273643,"object_type":"structure","relational_id":12970,"identifier":"6","token":"64.2\/II\/6","url":"\/64.2\/II\/6\/","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":55234,"structure_id":12971,"section_number":"64.2-600","catch_line":"Definitions","url":"\/64.2-600\/","token":"64.2\/II\/6\/1\/64.2-600","metadata":false},{"id":57425,"structure_id":12971,"section_number":"64.2-601","catch_line":"Payment or delivery of small asset by affidavit","url":"\/64.2-601\/","token":"64.2\/II\/6\/1\/64.2-601","metadata":false},{"id":70982,"structure_id":12971,"section_number":"64.2-602","catch_line":"Payment or delivery of small asset valued at $35,000 or less without affidavit","url":"\/64.2-602\/","token":"64.2\/II\/6\/1\/64.2-602","metadata":false},{"id":54060,"structure_id":12971,"section_number":"64.2-603","catch_line":"Discharge and release of payor","url":"\/64.2-603\/","token":"64.2\/II\/6\/1\/64.2-603","metadata":false},{"id":69376,"structure_id":12971,"section_number":"64.2-604","catch_line":"Payment or delivery of small asset; funeral expenses and disposition","url":"\/64.2-604\/","token":"64.2\/II\/6\/1\/64.2-604","metadata":false},{"id":72217,"structure_id":12971,"section_number":"64.2-605","catch_line":"Construction of article","url":"\/64.2-605\/","token":"64.2\/II\/6\/1\/64.2-605","metadata":false}],"previous_section":{"id":54060,"structure_id":12971,"section_number":"64.2-603","catch_line":"Discharge and release of payor","url":"\/64.2-603\/","token":"64.2\/II\/6\/1\/64.2-603","metadata":false},"next_section":{"id":72217,"structure_id":12971,"section_number":"64.2-605","catch_line":"Construction of article","url":"\/64.2-605\/","token":"64.2\/II\/6\/1\/64.2-605","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-604\/","history_text":"

This law was first created in 2010. The record of its establishment is cataloged in chapter 269<\/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 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 2012, chapter 614<\/a>; in 2023, chapters 414<\/a> and 494<\/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\/"}],"permalink":{"id":273663,"object_type":"law","relational_id":69376,"identifier":"64.2-604","token":"64.2\/II\/6\/1\/64.2-604","url":"\/64.2-604\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-604\/","token":"64.2\/II\/6\/1\/64.2-604","dublin_core":{"Title":"Payment or delivery of small asset; funeral expenses and disposition","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-604","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding the provisions of this article, 30 days after the death of a decedent upon whose estate there shall have been no application for the appointment of a personal representative<\/span> pending or granted in any jurisdiction<\/span>, any person<\/span> having possession<\/span> of a small asset<\/span> belonging to the decedent shall, at the request of a successor<\/span>, pay or deliver to the licensed funeral service establishment handling the funeral, if there is one, and the disposition<\/span> of the decedent so much of the small asset<\/span> as does not exceed the amount given priority by \u00a7 64.2-528<\/a> and has not already been so paid upon being presented an affidavit<\/span> made by the licensed funeral service establishment, at the request of a successor<\/span>, stating: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> That it is the licensed funeral service establishment handling the funeral, if there is one, and the disposition<\/span> of the decedent; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The legal name and business address of the licensed funeral service establishment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The amount given priority by § 64.2-528<\/a>, or the amount due to it for the funeral, if there is one, and the disposition<\/span> of the decedent reduced by any other payments it has received or expects to receive; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The reasons and supporting evidence<\/span> that the person<\/span> to whom the affidavit<\/span> will<\/span> be presented is in possession<\/span> of a small asset<\/span> belonging to the decedent; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> That a successor<\/span> has represented to it in writing that at least 30 days have elapsed since the decedent’s death and no application for the appointment of a personal representative<\/span> is pending, has been granted, or is expected in any jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. Any person<\/span> paying or delivering a small asset<\/span> pursuant to this section is discharged and released to the same extent as if that person<\/span> dealt with the personal representative<\/span> of the decedent and a receipt of the payee shall be a full and final release of the payor as to such sum. Such person<\/span> is not required to see the application of the small asset<\/span> or to inquire into the truth of any statement in any affidavit<\/span> presented pursuant to subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If any person<\/span> to whom an affidavit<\/span> is presented pursuant to subsection A refuses to pay or deliver any small asset<\/span> belonging to the decedent of which he is in possession<\/span> pursuant to this section, it may be recovered, or its payment or delivery compelled, and damages<\/span> may be recovered, on proof of rightful claim in a proceeding brought for that purpose by or on behalf of the licensed funeral service establishment. However, no such damages<\/span> may be recovered if it is established in such proceeding that the refusal to pay or deliver the small asset<\/span> was made in good faith. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any licensed funeral service establishment to whom payment or delivery of a small asset<\/span> has been made under this section is answerable and accountable therefor to any personal representative<\/span> of the decedent’s estate or to any successor<\/span> having an equal or superior right. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPAYMENT OR DELIVERY OF SMALL ASSET; FUNERAL EXPENSES AND DISPOSITION (\u00a7\n64.2-604)\n\nA. Notwithstanding the provisions of this article, 30 days after the death of a\ndecedent upon whose estate there shall have been no application for the\nappointment of a personal representative pending or granted in any jurisdiction,\nany person having possession of a small asset belonging to the decedent shall,\nat the request of a successor, pay or deliver to the licensed funeral service\nestablishment handling the funeral, if there is one, and the disposition of the\ndecedent so much of the small asset as does not exceed the amount given priority\nby \u00a7 64.2-528 and has not already been so paid upon being presented an\naffidavit made by the licensed funeral service establishment, at the request of\na successor, stating:\n\n 1. That it is the licensed funeral service establishment handling the funeral,\n if there is one, and the disposition of the decedent;\n\n 2. The legal name and business address of the licensed funeral service\n establishment;\n\n 3. The amount given priority by § 64.2-528, or the amount due to it for\n the funeral, if there is one, and the disposition of the decedent reduced by\n any other payments it has received or expects to receive;\n\n 4. The reasons and supporting evidence that the person to whom the affidavit\n will be presented is in possession of a small asset belonging to the decedent;\n and\n\n 5. That a successor has represented to it in writing that at least 30 days\n have elapsed since the decedent’s death and no application for the\n appointment of a personal representative is pending, has been granted, or is\n expected in any jurisdiction.\n\nB. 1. Any person paying or delivering a small asset pursuant to this section is\ndischarged and released to the same extent as if that person dealt with the\npersonal representative of the decedent and a receipt of the payee shall be a\nfull and final release of the payor as to such sum. Such person is not required\nto see the application of the small asset or to inquire into the truth of any\nstatement in any affidavit presented pursuant to subsection A.\n\n 2. If any person to whom an affidavit is presented pursuant to subsection A\n refuses to pay or deliver any small asset belonging to the decedent of which\n he is in possession pursuant to this section, it may be recovered, or its\n payment or delivery compelled, and damages may be recovered, on proof of\n rightful claim in a proceeding brought for that purpose by or on behalf of the\n licensed funeral service establishment. However, no such damages may be\n recovered if it is established in such proceeding that the refusal to pay or\n deliver the small asset was made in good faith.\n\nC. Any licensed funeral service establishment to whom payment or delivery of a\nsmall asset has been made under this section is answerable and accountable\ntherefor to any personal representative of the decedent’s estate or to any\nsuccessor having an equal or superior right.\n\nHISTORY: 2010, c. 269, \u00a7 64.1-132.5; 2012, c. 614; 2023, cc. 414, 494.","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}}