                                 CODE OF VIRGINIA

LIABILITY OF ESTATE OF THE INDIVIDUAL RECEIVING SERVICES (§ 37.2-721)

Upon the death of any individual who is receiving or who has received services,
his estate shall be liable only for the charges remaining unpaid and not more
than five years past due and the unsatisfied portion of any judgment rendered by
a court in a proceeding under this article. Upon the death of any individual who
is receiving or who has received services, the provisions of § 37.2-717, which
prohibit depleting the individual&#8217;s estate below $500, shall after funeral
expenses have no further application, and such sum may be applied to the charges
of the Department remaining unpaid or may be applied to the unsatisfied portion
of any judgment.
		Upon the death of any individual who is receiving or who has received services
in the event amounts remain unpaid for his care, treatment or training, and
maintenance, the Department, having reason to believe that the individual died
possessed of real or personal property from which reimbursement may be had,
shall prepare and acknowledge, as deeds are acknowledged, a notice showing the
name of the individual and the actual per diem cost of maintenance due and shall
file the notice within four months of the date of the individual&#8217;s death
in the office of the clerk of the court in which deeds are admitted to record in
the county or city in which the real or personal property is located. The clerk
of court shall record this notice as a lien is recorded, indexing it in the
names of the individual and the Department. The filing of this notice shall
create a lien against the estate, both real and personal, of the deceased
individual prior to all other claims of the same class except prior liens. No
such claim shall be enforced against any real estate of the deceased individual
while such real estate is occupied by the surviving spouse of the individual or
while such real estate is occupied by any dependent child of the individual.

HISTORY: Code 1950, § 37-125.14; 1952, c. 492; 1954, c. 445; 1968, c. 477, §
37.1-117; 1972, c. 383; 1976, c. 671; 2005, c. 716; 2012, cc. 476, 507.