{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-78.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-78.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-78.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-78.html"}],"law_id":71756,"edition_id":1,"section_id":71756,"structure_id":16249,"section_number":"8.01-78","catch_line":"Alternate procedure for sale of real estate of person under disability","history":"Code 1950, \u00a7 8-689.1; 1952, c. 360; 1977, c. 617; 1983, c. 459.","full_text":"If the personal estate of any person under a disability for whom a fiduciary has been appointed under any of the provisions of Title 64.2, be insufficient for the discharge of his debts or if the personal estate or residue thereof after payment of debts and the rents and profits of his real estate be insufficient for his maintenance and that of his family, if any, the fiduciary of his estate may petition a circuit court for authority to mortgage, lease or sell so much of the real estate of such person as may be necessary for the purposes aforesaid, or any of them, setting forth in the petition the particulars and amount of the estate, real and personal, and a statement of the application of any personal estate, and debts and demands existing against the estate. Those persons who would be heirs or distributees of the person under a disability if he had died at the time of commencement of the proceeding need not be made parties defendant to a proceeding pursuant to this section.","order_by":null,"text":{"0":{"id":258531,"text":"If the personal estate of any person under a disability for whom a fiduciary has been appointed under any of the provisions of Title 64.2, be insufficient for the discharge of his debts or if the personal estate or residue thereof after payment of debts and the rents and profits of his real estate be insufficient for his maintenance and that of his family, if any, the fiduciary of his estate may petition a circuit court for authority to mortgage, lease or sell so much of the real estate of such person as may be necessary for the purposes aforesaid, or any of them, setting forth in the petition the particulars and amount of the estate, real and personal, and a statement of the application of any personal estate, and debts and demands existing against the estate. Those persons who would be heirs or distributees of the person under a disability if he had died at the time of commencement of the proceeding need not be made parties defendant to a proceeding pursuant to this section.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-78\/","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 1952, chapter 360; in 1977, chapter 617; in 1983, chapter 459.<\/p>","references":[{"id":66739,"section_number":"8.01-69","catch_line":"Commencement of suit; parties","order_by":null,"url":"\/8.01-69\/"}],"refers_to":false,"permalink":{"id":281045,"object_type":"law","relational_id":71756,"identifier":"8.01-78","token":"8.01\/3\/8\/8.01-78","url":"\/8.01-78\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-78\/","token":"8.01\/3\/8\/8.01-78","dublin_core":{"Title":"Alternate procedure for sale of real estate of person under disability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-78","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If the personal estate of any person<\/span> under a disability for whom a fiduciary<\/span> has been appointed under any of the provisions of Title 64.2, be insufficient for the discharge of his debts or if the personal estate or residue thereof after payment of debts and the rents and profits of his real estate be insufficient for his maintenance and that of his family, if any, the fiduciary<\/span> of his estate may petition<\/span> a circuit<\/span> court<\/span> for authority to mortgage, lease or sell so much of the real estate of such person<\/span> as may be necessary for the purposes aforesaid, or any of them, setting forth in the petition<\/span> the particulars and amount of the estate, real and personal, and a statement of the application of any personal estate, and debts and demands existing against the estate. Those persons<\/span> who would be heirs or distributees of the person<\/span> under a disability if he had died at the time of commencement of the proceeding need not be made parties defendant<\/span> to a proceeding pursuant to this section.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nALTERNATE PROCEDURE FOR SALE OF REAL ESTATE OF PERSON UNDER DISABILITY (\u00a7\n8.01-78)\n\nIf the personal estate of any person under a disability for whom a fiduciary has\nbeen appointed under any of the provisions of Title 64.2, be insufficient for\nthe discharge of his debts or if the personal estate or residue thereof after\npayment of debts and the rents and profits of his real estate be insufficient\nfor his maintenance and that of his family, if any, the fiduciary of his estate\nmay petition a circuit court for authority to mortgage, lease or sell so much of\nthe real estate of such person as may be necessary for the purposes aforesaid,\nor any of them, setting forth in the petition the particulars and amount of the\nestate, real and personal, and a statement of the application of any personal\nestate, and debts and demands existing against the estate. Those persons who\nwould be heirs or distributees of the person under a disability if he had died\nat the time of commencement of the proceeding need not be made parties defendant\nto a proceeding pursuant to this section.\n\nHISTORY: Code 1950, \u00a7 8-689.1; 1952, c. 360; 1977, c. 617; 1983, c. 459.","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}}