                                 CODE OF VIRGINIA

DISTRIBUTION OF FUND WHEN PRESUMPTION OF DEATH NOT APPLICABLE (§ 64.2-2301)

A. In any civil action wherein any estate or fund is to be distributed, if the
interest of any person to the estate or fund depends upon his having been alive
at a particular time and it is not known and cannot be shown by the exercise of
reasonable diligence whether such person was alive at that time, and if the
legal presumption of death does not apply, the court may enter an order
distributing the estate or fund to those who would be otherwise entitled thereto
if it were shown that such person was dead at such particular time.

B. Before any distribution is made pursuant to subsection A, the court shall
require that, until the person is determined to be dead in accordance with
&#xA7; 64.2-2300, the heir at law, devisee, next of kin, legatee, beneficiary,
survivor, or other successor in interest shall give a refunding bond with surety
in such form as the court directs upon condition to account for the estate or
fund to any person who may establish title thereto adverse to that of such heir
at law, devisee, next of kin, legatee, beneficiary, survivor, or other successor
in interest.

C. No motion shall be made hereunder except after reasonable notice to all
parties upon whom service may be had. Nothing in this section shall be construed
to affect in any way any requirement of law as to service of process.

HISTORY: Code 1950, § 64-102; 1968, c. 656, § 64.1-106; 1996, cc. 675, 684;
2005, c. 681; 2006, c. 351; 2012, c. 614.