{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-53.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-53.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-53.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-53.html"}],"law_id":63421,"edition_id":1,"section_id":63421,"structure_id":14473,"section_number":"8.01-53","catch_line":"Class and beneficiaries; when determined","history":"Code 1950, \u00a7\u00a7 8-636.1, 8-638; 1954, c. 333; 1973, c. 401; 1974, c. 444; 1977, cc. 460, 617; 1979, c. 356; 1992, c. 74; 1994, c. 515; 2003, c. 632; 2019, cc. 47, 328; 2021, Sp. Sess. I, c. 488; 2024, cc. 69, 70.","full_text":"A\n\nThe damages awarded pursuant to § 8.01-52 shall be distributed as specified under § 8.01-54 to (i) the surviving spouse, children of the deceased and children of any deceased child of the deceased, and, only if there is a surviving spouse, children of the deceased, or children of any deceased child of the deceased, the parents of the decedent if any of such parents, within 12 months prior to the decedent’s death, regularly received support or regularly received services from the decedent for necessaries, including living expenses, food, shelter, health care expenses, or in-home assistance or care, or (ii) if there is no surviving spouse, children of the deceased, or children of any deceased child of the deceased, then to the parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or (iii) if the decedent has left both surviving spouse and parent or parents, but no child or grandchild, the award shall be distributed to the surviving spouse and such parent or parents or (iv) if there are survivors under clause (i) or clause (iii), the award shall be distributed to those beneficiaries and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or (v) if no survivors exist under clause (i), (ii), (iii), or (iv), the award shall be distributed in the course of descents as provided for in § 64.2-200. However, no parent whose parental rights and responsibilities have been terminated by a court of competent jurisdiction or pursuant to a permanent entrustment agreement with a child welfare agency shall be eligible as a beneficiary under this section. For purposes of this section, a relative is any person related to the decedent by blood, marriage, or adoption and also includes a stepchild of the decedent.B\n\nThe class and beneficiaries thereof eligible to receive such distribution shall be fixed (i) at the time the verdict is entered if the jury makes the specification or (ii) at the time the judgment is rendered if the court specifies the distribution.C\n\nA beneficiary may renounce his interest in any claim brought pursuant to § 8.01-50 and, in such event, the damages shall be distributed to the beneficiaries in the same class as the renouncing beneficiary or, if there are none, to the beneficiaries in any subsequent class in the order of priority set forth in subsection A.D\n\nFor the purposes of this section, children of the deceased shall include any child of the decedent who is adopted after the death of the decedent, provided that the parental rights of the decedent were not terminated by a court of competent jurisdiction prior to his death. The provisions of this subsection shall apply to any adoption finalized on or after July 1, 2024.","order_by":null,"text":{"0":{"id":231132,"text":"The damages awarded pursuant to § 8.01-52 shall be distributed as specified under § 8.01-54 to (i) the surviving spouse, children of the deceased and children of any deceased child of the deceased, and, only if there is a surviving spouse, children of the deceased, or children of any deceased child of the deceased, the parents of the decedent if any of such parents, within 12 months prior to the decedent’s death, regularly received support or regularly received services from the decedent for necessaries, including living expenses, food, shelter, health care expenses, or in-home assistance or care, or (ii) if there is no surviving spouse, children of the deceased, or children of any deceased child of the deceased, then to the parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or (iii) if the decedent has left both surviving spouse and parent or parents, but no child or grandchild, the award shall be distributed to the surviving spouse and such parent or parents or (iv) if there are survivors under clause (i) or clause (iii), the award shall be distributed to those beneficiaries and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or (v) if no survivors exist under clause (i), (ii), (iii), or (iv), the award shall be distributed in the course of descents as provided for in § 64.2-200. However, no parent whose parental rights and responsibilities have been terminated by a court of competent jurisdiction or pursuant to a permanent entrustment agreement with a child welfare agency shall be eligible as a beneficiary under this section. For purposes of this section, a relative is any person related to the decedent by blood, marriage, or adoption and also includes a stepchild of the decedent.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":231133,"text":"The class and beneficiaries thereof eligible to receive such distribution shall be fixed (i) at the time the verdict is entered if the jury makes the specification or (ii) at the time the judgment is rendered if the court specifies the distribution.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":231134,"text":"A beneficiary may renounce his interest in any claim brought pursuant to § 8.01-50 and, in such event, the damages shall be distributed to the beneficiaries in the same class as the renouncing beneficiary or, if there are none, to the beneficiaries in any subsequent class in the order of priority set forth in subsection A.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":231135,"text":"For the purposes of this section, children of the deceased shall include any child of the decedent who is adopted after the death of the decedent, provided that the parental rights of the decedent were not terminated by a court of competent jurisdiction prior to his death. The provisions of this subsection shall apply to any adoption finalized on or after July 1, 2024.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14473,"edition_id":1,"name":"Death by Wrongful Act","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:48:15","date_modified":"2026-06-26 03:48:15","permalink":{"id":280859,"object_type":"structure","relational_id":14473,"identifier":"5","token":"8.01\/3\/5","url":"\/8.01\/3\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78150,"structure_id":14473,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","url":"\/8.01-50\/","token":"8.01\/3\/5\/8.01-50","metadata":false},{"id":60390,"structure_id":14473,"section_number":"8.01-50.1","catch_line":"Certification of expert witness opinion at time of service of process","url":"\/8.01-50.1\/","token":"8.01\/3\/5\/8.01-50.1","metadata":false},{"id":69675,"structure_id":14473,"section_number":"8.01-51","catch_line":"No action when deceased has compromised claim","url":"\/8.01-51\/","token":"8.01\/3\/5\/8.01-51","metadata":false},{"id":66764,"structure_id":14473,"section_number":"8.01-52","catch_line":"Amount of damages","url":"\/8.01-52\/","token":"8.01\/3\/5\/8.01-52","metadata":false},{"id":77689,"structure_id":14473,"section_number":"8.01-52.1","catch_line":"Admissibility of expressions of sympathy","url":"\/8.01-52.1\/","token":"8.01\/3\/5\/8.01-52.1","metadata":false},{"id":63421,"structure_id":14473,"section_number":"8.01-53","catch_line":"Class and beneficiaries; when determined","url":"\/8.01-53\/","token":"8.01\/3\/5\/8.01-53","metadata":false},{"id":55857,"structure_id":14473,"section_number":"8.01-54","catch_line":"Judgment to distribute recovery when verdict fails to do so","url":"\/8.01-54\/","token":"8.01\/3\/5\/8.01-54","metadata":false},{"id":58794,"structure_id":14473,"section_number":"8.01-55","catch_line":"Compromise of claim for death by wrongful act","url":"\/8.01-55\/","token":"8.01\/3\/5\/8.01-55","metadata":false},{"id":75330,"structure_id":14473,"section_number":"8.01-56","catch_line":"When right of action not to determine nor action to abate","url":"\/8.01-56\/","token":"8.01\/3\/5\/8.01-56","metadata":false}],"previous_section":{"id":77689,"structure_id":14473,"section_number":"8.01-52.1","catch_line":"Admissibility of expressions of sympathy","url":"\/8.01-52.1\/","token":"8.01\/3\/5\/8.01-52.1","metadata":false},"next_section":{"id":55857,"structure_id":14473,"section_number":"8.01-54","catch_line":"Judgment to distribute recovery when verdict fails to do so","url":"\/8.01-54\/","token":"8.01\/3\/5\/8.01-54","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-53\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 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 1954, chapter 333; in 1973, chapter 401; in 1974, chapter 444; in 1977, chapters 460 and 617; in 1979, chapter 356; in 1992, chapter 74; in 1994, chapter 515<\/a>; in 2003, chapter 632<\/a>; in 2019, chapters 47<\/a> and 328<\/a>; in 2024, chapters 69<\/a> and 70<\/a>.<\/p>","references":[{"id":56595,"section_number":"64.2-1301","catch_line":"When inventory and settlement not required","order_by":null,"url":"\/64.2-1301\/"},{"id":55857,"section_number":"8.01-54","catch_line":"Judgment to distribute recovery when verdict fails to do so","order_by":null,"url":"\/8.01-54\/"}],"refers_to":[{"id":63124,"section_number":"64.2-200","catch_line":"Course of descents generally; right of Commonwealth if no other heir","order_by":null,"url":"\/64.2-200\/"},{"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\/"},{"id":66764,"section_number":"8.01-52","catch_line":"Amount of damages","order_by":null,"url":"\/8.01-52\/"},{"id":55857,"section_number":"8.01-54","catch_line":"Judgment to distribute recovery when verdict fails to do so","order_by":null,"url":"\/8.01-54\/"}],"permalink":{"id":280881,"object_type":"law","relational_id":63421,"identifier":"8.01-53","token":"8.01\/3\/5\/8.01-53","url":"\/8.01-53\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-53\/","token":"8.01\/3\/5\/8.01-53","dublin_core":{"Title":"Class and beneficiaries; when determined","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-53","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The damages<\/span> awarded pursuant to § 8.01-52<\/a> shall be distributed as specified under § 8.01-54<\/a> to (i) the surviving spouse, children of the deceased and children of any deceased child of the deceased, and, only if there is a surviving spouse, children of the deceased, or children of any deceased child of the deceased, the parents of the decedent if any of such parents, within 12 months prior to the decedent’s death, regularly received support or regularly received services from the decedent for necessaries, including living expenses, food, shelter, health care expenses, or in-home assistance or care, or (ii) if there is no surviving spouse, children of the deceased, or children of any deceased child of the deceased, then to the parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or (iii) if the decedent has left both surviving spouse and parent or parents, but no child or grandchild, the award shall be distributed to the surviving spouse and such parent or parents or (iv) if there are survivors under clause (i) or clause (iii), the award shall be distributed to those beneficiaries and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or (v) if no survivors exist under clause (i), (ii), (iii), or (iv), the award shall be distributed in the course of descents as provided for in § 64.2-200<\/a>. However, no parent whose parental rights and responsibilities have been terminated by a court<\/span> of competent jurisdiction<\/span> or pursuant to a permanent entrustment agreement with a child welfare agency shall be eligible as a beneficiary under this section. For purposes of this section, a relative is any person<\/span> related to the decedent by blood, marriage, or adoption and also includes a stepchild of the decedent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The class and beneficiaries thereof eligible to receive such distribution shall be fixed (i) at the time the verdict<\/span> is entered if the jury<\/span> makes the specification or (ii) at the time the judgment<\/span> is rendered if the court<\/span> specifies the distribution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A beneficiary may renounce his interest in any claim brought pursuant to § 8.01-50<\/a> and, in such event, the damages<\/span> shall be distributed to the beneficiaries in the same class as the renouncing beneficiary or, if there are none, to the beneficiaries in any subsequent class in the order<\/span> of priority set forth in subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For the purposes of this section, children of the deceased shall include any child of the decedent who is adopted after the death of the decedent, provided that the parental rights of the decedent were not terminated by a court<\/span> of competent jurisdiction<\/span> prior to his death. The provisions of this subsection shall apply to any adoption finalized on or after July 1, 2024. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCLASS AND BENEFICIARIES; WHEN DETERMINED (\u00a7 8.01-53)\n\nA. The damages awarded pursuant to § 8.01-52 shall be distributed as\nspecified under § 8.01-54 to (i) the surviving spouse, children of the\ndeceased and children of any deceased child of the deceased, and, only if there\nis a surviving spouse, children of the deceased, or children of any deceased\nchild of the deceased, the parents of the decedent if any of such parents,\nwithin 12 months prior to the decedent’s death, regularly received support\nor regularly received services from the decedent for necessaries, including\nliving expenses, food, shelter, health care expenses, or in-home assistance or\ncare, or (ii) if there is no surviving spouse, children of the deceased, or\nchildren of any deceased child of the deceased, then to the parents, brothers\nand sisters of the deceased, and to any other relative who is primarily\ndependent on the decedent for support or services and is also a member of the\nsame household as the decedent or (iii) if the decedent has left both surviving\nspouse and parent or parents, but no child or grandchild, the award shall be\ndistributed to the surviving spouse and such parent or parents or (iv) if there\nare survivors under clause (i) or clause (iii), the award shall be distributed\nto those beneficiaries and to any other relative who is primarily dependent on\nthe decedent for support or services and is also a member of the same household\nas the decedent or (v) if no survivors exist under clause (i), (ii), (iii), or\n(iv), the award shall be distributed in the course of descents as provided for\nin § 64.2-200. However, no parent whose parental rights and\nresponsibilities have been terminated by a court of competent jurisdiction or\npursuant to a permanent entrustment agreement with a child welfare agency shall\nbe eligible as a beneficiary under this section. For purposes of this section, a\nrelative is any person related to the decedent by blood, marriage, or adoption\nand also includes a stepchild of the decedent.\n\nB. The class and beneficiaries thereof eligible to receive such distribution\nshall be fixed (i) at the time the verdict is entered if the jury makes the\nspecification or (ii) at the time the judgment is rendered if the court\nspecifies the distribution.\n\nC. A beneficiary may renounce his interest in any claim brought pursuant to\n§ 8.01-50 and, in such event, the damages shall be distributed to the\nbeneficiaries in the same class as the renouncing beneficiary or, if there are\nnone, to the beneficiaries in any subsequent class in the order of priority set\nforth in subsection A.\n\nD. For the purposes of this section, children of the deceased shall include any\nchild of the decedent who is adopted after the death of the decedent, provided\nthat the parental rights of the decedent were not terminated by a court of\ncompetent jurisdiction prior to his death. The provisions of this subsection\nshall apply to any adoption finalized on or after July 1, 2024.\n\nHISTORY: Code 1950, \u00a7\u00a7 8-636.1, 8-638; 1954, c. 333; 1973, c. 401; 1974, c.\n444; 1977, cc. 460, 617; 1979, c. 356; 1992, c. 74; 1994, c. 515; 2003, c. 632;\n2019, cc. 47, 328; 2021, Sp. Sess. I, c. 488; 2024, cc. 69, 70.","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}}