{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-76.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-76.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-76.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-76.html"}],"law_id":75536,"edition_id":1,"section_id":75536,"structure_id":16249,"section_number":"8.01-76","catch_line":"How proceeds from disposition to be secured and applied; when same may be paid over","history":"Code 1950, \u00a7 8-685; 1952, c. 360; 1968, c. 380; 1970, c. 355; 1972, c. 159; 1974, c. 139; 1977, c. 617; 1978, c. 419; 1981, c. 129; 2018, c. 124.","full_text":"The proceeds of sale, or rents, income, or royalties, arising from the sale or lease, or other disposition, of lands of persons under a disability, whether in a suit for sale or lease thereof, or in a suit for partition, or in condemnation proceedings, shall be invested under the direction of the court for the use and benefit of the persons entitled to the estate; and in case of a trust estate subject to the uses, limitations, and conditions, contained in the writing creating the trust. The court shall take ample security for all investments so made, and from time to time require additional security, if necessary, and make any proper order for the faithful application and safe investment of the fund, and for the management and preservation of any properties or securities in which the same has been invested, and for the protection of the rights of all persons interested therein, whether such rights be vested or contingent, but nothing hereinbefore contained shall prevent the court having charge thereof from directing such funds to be paid over to the legally appointed and qualified fiduciary, as defined in \u00a7 8.01-67, of the person under a disability, whenever the court is satisfied that such fiduciary has executed sufficient bond; or from applying at any time all or any portion thereof to the proper needs and requirements of the person under a disability. However, if such funds do not exceed the amount set forth in subsection B of \u00a7 8.01-606, the court, in its discretion and without the intervention of a fiduciary, may pay such funds to any person deemed appropriate by the court for the use and benefit of a person under a disability, whether such person resides within or without the Commonwealth. Such funds not in excess of the amount set forth in subsection B of \u00a7 8.01-606 shall, when paid over to such person deemed appropriate, be treated as personal property.\n\t\tUpon request of the legally appointed and qualified fiduciary of the person under the disability or the guardian ad litem of the person under the disability, or upon the court’s own motion, the court may order that such funds be distributed to a special needs trust as defined in \u00a7 64.2-779.10.","order_by":null,"text":{"0":{"id":271358,"text":"The proceeds of sale, or rents, income, or royalties, arising from the sale or lease, or other disposition, of lands of persons under a disability, whether in a suit for sale or lease thereof, or in a suit for partition, or in condemnation proceedings, shall be invested under the direction of the court for the use and benefit of the persons entitled to the estate; and in case of a trust estate subject to the uses, limitations, and conditions, contained in the writing creating the trust. The court shall take ample security for all investments so made, and from time to time require additional security, if necessary, and make any proper order for the faithful application and safe investment of the fund, and for the management and preservation of any properties or securities in which the same has been invested, and for the protection of the rights of all persons interested therein, whether such rights be vested or contingent, but nothing hereinbefore contained shall prevent the court having charge thereof from directing such funds to be paid over to the legally appointed and qualified fiduciary, as defined in \u00a7 8.01-67, of the person under a disability, whenever the court is satisfied that such fiduciary has executed sufficient bond; or from applying at any time all or any portion thereof to the proper needs and requirements of the person under a disability. However, if such funds do not exceed the amount set forth in subsection B of \u00a7 8.01-606, the court, in its discretion and without the intervention of a fiduciary, may pay such funds to any person deemed appropriate by the court for the use and benefit of a person under a disability, whether such person resides within or without the Commonwealth. Such funds not in excess of the amount set forth in subsection B of \u00a7 8.01-606 shall, when paid over to such person deemed appropriate, be treated as personal property.\n\t\tUpon request of the legally appointed and qualified fiduciary of the person under the disability or the guardian ad litem of the person under the disability, or upon the court’s own motion, the court may order that such funds be distributed to a special needs trust as defined in \u00a7 64.2-779.10.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":16249,"edition_id":1,"name":"Actions for the Sale, Lease, Exchange, Redemption and Other Disposition of Lands of Persons Under a Disability","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 04:11:09","date_modified":"2026-06-26 04:11:09","permalink":{"id":281003,"object_type":"structure","relational_id":16249,"identifier":"8","token":"8.01\/3\/8","url":"\/8.01\/3\/8\/","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":74750,"structure_id":16249,"section_number":"8.01-67","catch_line":"Definitions; persons under a disability; fiduciary","url":"\/8.01-67\/","token":"8.01\/3\/8\/8.01-67","metadata":false},{"id":72216,"structure_id":16249,"section_number":"8.01-68","catch_line":"Jurisdiction","url":"\/8.01-68\/","token":"8.01\/3\/8\/8.01-68","metadata":false},{"id":66739,"structure_id":16249,"section_number":"8.01-69","catch_line":"Commencement of suit; parties","url":"\/8.01-69\/","token":"8.01\/3\/8\/8.01-69","metadata":false},{"id":81063,"structure_id":16249,"section_number":"8.01-70","catch_line":"Repealed","url":"\/8.01-70\/","token":"8.01\/3\/8\/8.01-70","metadata":false},{"id":65610,"structure_id":16249,"section_number":"8.01-72","catch_line":"When death to abate such suit","url":"\/8.01-72\/","token":"8.01\/3\/8\/8.01-72","metadata":false},{"id":87194,"structure_id":16249,"section_number":"8.01-73","catch_line":"Guardian ad litem to be appointed","url":"\/8.01-73\/","token":"8.01\/3\/8\/8.01-73","metadata":false},{"id":77190,"structure_id":16249,"section_number":"8.01-74","catch_line":"Leases on behalf of persons under disability; new leases","url":"\/8.01-74\/","token":"8.01\/3\/8\/8.01-74","metadata":false},{"id":77946,"structure_id":16249,"section_number":"8.01-75","catch_line":"Who not to be purchaser","url":"\/8.01-75\/","token":"8.01\/3\/8\/8.01-75","metadata":false},{"id":75536,"structure_id":16249,"section_number":"8.01-76","catch_line":"How proceeds from disposition to be secured and applied; when same may be paid over","url":"\/8.01-76\/","token":"8.01\/3\/8\/8.01-76","metadata":false},{"id":79794,"structure_id":16249,"section_number":"8.01-77","catch_line":"What proceeds of sale to pass as real estate","url":"\/8.01-77\/","token":"8.01\/3\/8\/8.01-77","metadata":false},{"id":71756,"structure_id":16249,"section_number":"8.01-78","catch_line":"Alternate procedure for sale of real estate of person under disability","url":"\/8.01-78\/","token":"8.01\/3\/8\/8.01-78","metadata":false},{"id":71874,"structure_id":16249,"section_number":"8.01-79","catch_line":"Same; reference of petition to commissioner","url":"\/8.01-79\/","token":"8.01\/3\/8\/8.01-79","metadata":false},{"id":78497,"structure_id":16249,"section_number":"8.01-80","catch_line":"Same; action of court on report; application of proceeds of transaction","url":"\/8.01-80\/","token":"8.01\/3\/8\/8.01-80","metadata":false}],"previous_section":{"id":77946,"structure_id":16249,"section_number":"8.01-75","catch_line":"Who not to be purchaser","url":"\/8.01-75\/","token":"8.01\/3\/8\/8.01-75","metadata":false},"next_section":{"id":79794,"structure_id":16249,"section_number":"8.01-77","catch_line":"What proceeds of sale to pass as real estate","url":"\/8.01-77\/","token":"8.01\/3\/8\/8.01-77","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-76\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 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 1952, chapter 360; in 1968, chapter 380; in 1970, chapter 355; in 1972, chapter 159; in 1974, chapter 139; in 1977, chapter 617; in 1978, chapter 419; in 1981, chapter 129; in 2018, chapter 124<\/a>.<\/p>","references":[{"id":55727,"section_number":"8.01-85","catch_line":"Disposition of share in proceeds of person under disability","order_by":null,"url":"\/8.01-85\/"},{"id":86789,"section_number":"8.01-95","catch_line":"Procedure in such case","order_by":null,"url":"\/8.01-95\/"}],"refers_to":[{"id":60630,"section_number":"64.2-779.10","catch_line":"Trust for beneficiary with disability","order_by":null,"url":"\/64.2-779.10\/"},{"id":80415,"section_number":"8.01-606","catch_line":"Payment of small amounts to certain persons through court without intervention of fiduciary; authority of commissioners of accounts; certain fiduciaries exempt from accountings","order_by":null,"url":"\/8.01-606\/"},{"id":74750,"section_number":"8.01-67","catch_line":"Definitions; persons under a disability; fiduciary","order_by":null,"url":"\/8.01-67\/"}],"permalink":{"id":281037,"object_type":"law","relational_id":75536,"identifier":"8.01-76","token":"8.01\/3\/8\/8.01-76","url":"\/8.01-76\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-76\/","token":"8.01\/3\/8\/8.01-76","dublin_core":{"Title":"How proceeds from disposition to be secured and applied; when same may be paid over","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-76","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The proceeds of sale, or rents, income, or royalties, arising from the sale or lease, or other disposition<\/span>, of lands of persons<\/span> under a disability, whether in a suit<\/span> for sale or lease thereof, or in a suit<\/span> for partition<\/span>, or in condemnation proceedings, shall be invested under the direction of the court<\/span> for the use and benefit of the persons<\/span> entitled to the estate; and in case of a trust estate subject to the uses, limitations, and conditions, contained in the writing creating the trust. The court<\/span> shall take ample security for all investments so made, and from time to time require additional security, if necessary, and make any proper order<\/span> for the faithful application and safe investment of the fund, and for the management and preservation of any properties or securities in which the same has been invested, and for the protection of the rights of all persons<\/span> interested therein, whether such rights be vested or contingent, but nothing hereinbefore contained shall prevent the court<\/span> having charge thereof from directing such funds to be paid over to the legally appointed and qualified fiduciary<\/span>, as defined in \u00a7 8.01-67<\/a>, of the person<\/span> under a disability, whenever the court<\/span> is satisfied that such fiduciary<\/span> has executed sufficient bond<\/span>; or from applying at any time all or any portion thereof to the proper needs and requirements of the person<\/span> under a disability. However, if such funds do not exceed the amount set forth in subsection B of \u00a7 8.01-606<\/a>, the court<\/span>, in its discretion and without the intervention of a fiduciary<\/span>, may pay such funds to any person<\/span> deemed appropriate by the court<\/span> for the use and benefit of a person<\/span> under a disability, whether such person<\/span> resides within or without the Commonwealth. Such funds not in excess of the amount set forth in subsection B of \u00a7 8.01-606<\/a> shall, when paid over to such person<\/span> deemed appropriate, be treated as personal property.\n\t\tUpon request of the legally appointed and qualified fiduciary<\/span> of the person<\/span> under the disability or the guardian ad litem<\/span> of the person<\/span> under the disability, or upon the court<\/span>’s own motion<\/span>, the court<\/span> may order<\/span> that such funds be distributed to a special needs trust as defined in \u00a7 64.2-779.10<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHOW PROCEEDS FROM DISPOSITION TO BE SECURED AND APPLIED; WHEN SAME MAY BE PAID\nOVER (\u00a7 8.01-76)\n\nThe proceeds of sale, or rents, income, or royalties, arising from the sale or\nlease, or other disposition, of lands of persons under a disability, whether in\na suit for sale or lease thereof, or in a suit for partition, or in condemnation\nproceedings, shall be invested under the direction of the court for the use and\nbenefit of the persons entitled to the estate; and in case of a trust estate\nsubject to the uses, limitations, and conditions, contained in the writing\ncreating the trust. The court shall take ample security for all investments so\nmade, and from time to time require additional security, if necessary, and make\nany proper order for the faithful application and safe investment of the fund,\nand for the management and preservation of any properties or securities in which\nthe same has been invested, and for the protection of the rights of all persons\ninterested therein, whether such rights be vested or contingent, but nothing\nhereinbefore contained shall prevent the court having charge thereof from\ndirecting such funds to be paid over to the legally appointed and qualified\nfiduciary, as defined in \u00a7 8.01-67, of the person under a disability, whenever\nthe court is satisfied that such fiduciary has executed sufficient bond; or from\napplying at any time all or any portion thereof to the proper needs and\nrequirements of the person under a disability. However, if such funds do not\nexceed the amount set forth in subsection B of \u00a7 8.01-606, the court, in its\ndiscretion and without the intervention of a fiduciary, may pay such funds to\nany person deemed appropriate by the court for the use and benefit of a person\nunder a disability, whether such person resides within or without the\nCommonwealth. Such funds not in excess of the amount set forth in subsection B\nof \u00a7 8.01-606 shall, when paid over to such person deemed appropriate, be\ntreated as personal property.\n\t\tUpon request of the legally appointed and qualified fiduciary of the person\nunder the disability or the guardian ad litem of the person under the\ndisability, or upon the court’s own motion, the court may order that such\nfunds be distributed to a special needs trust as defined in \u00a7 64.2-779.10.\n\nHISTORY: Code 1950, \u00a7 8-685; 1952, c. 360; 1968, c. 380; 1970, c. 355; 1972, c.\n159; 1974, c. 139; 1977, c. 617; 1978, c. 419; 1981, c. 129; 2018, c. 124.","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}}