                                 CODE OF VIRGINIA

SUBSTITUTION OF PRESUMED DECEDENT IN PENDING ACTIONS; REOPENING OF JUDGMENTS;
EFFECT OF JUDGMENTS (§ 64.2-2308)

A. After revocation of the order determining death, the person who had been
determined to be dead may:

   1. Be substituted as plaintiff in all actions previously brought by his
   personal representative, whether prosecuted to judgment or otherwise, on
   suggestion filed by such person; and

   2. Be substituted as defendant in all actions previously brought against his
   personal representative, on suggestion filed by such person or the plaintiff
   to the action. If such person is substituted as defendant, he shall not be
   compelled to go to trial in less than three months from the time that such
   suggestion is filed.

B. Upon application by the presumed decedent, judgments recovered against the
personal representative before revocation of the order determining death may be
opened. Such application by the presumed decedent shall be made within three
months from the date of the revocation and shall be supported by an affidavit
that specifically denies the cause of the action, in whole or in part, or
specifically alleges the existence of facts that would constitute a valid
defense. However, if no application is made during the three-month period, or,
if an application is made but the facts exhibited are adjudged to be
insufficient to constitute a defense, the judgment shall be conclusive for all
intents. After the substitution of the presumed decedent as defendant to any
judgment pursuant to subdivision A 2, the judgment shall become a lien upon his
real estate and shall so continue as other judgments.

HISTORY: Code 1950, § 64-110; 1968, c. 656, § 64.1-114; 1971, Ex. Sess., c.
156; 2006, c. 351; 2012, c. 614.