SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD0890722Be it enacted by the General Assembly of Virginia:
1. That §§ 26-12.2 and 64.1-75.1 of the Code of Virginia are amended and reenacted as follows:
§ 26-12.2. When inventory and settlement not required.
An inventory under § 26-12 or a settlement under § 26-17 shall not be
required of a personal representative who qualifies for the sole purpose of
bringing an action under § 8.01-50 or defending an action for personal
injury or for wrongful death under § 8.01-50. However, if there
be is no surviving relative designated as a beneficiary under
§ 8.01-53 and the court directs that the funds recovered in such action be
paid to the personal representative for distribution according to law, such
personal representative shall file the inventory required in § 26-12 and the
statement required under § 26-17. Any fee allowed a personal
representative who qualifies solely for the purpose of defending an action as
specified in this section shall be paid first from any estate owned by the
decedent and, if there is no such estate or the estate is insufficient, from
any recovery made by the plaintiff in the action under a policy of insurance
owned by the decedent or, in cases of uninsured motorists, the plaintiff.
§ 64.1-75.1. Appointment of administrator for prosecution of action for personal injury or wrongful death against estate of deceased nonresident.
In any case in which it is represented that an action at law for personal injury or death by wrongful act upon a cause of action arising within this Commonwealth is contemplated against the estate of a person who has died within or without this Commonwealth and who was a nonresident of this Commonwealth, an administrator of such person may be appointed, solely for the purpose of prosecution of said suit, by the clerk of the court having jurisdiction for the probate of wills in the county or city in which jurisdiction and venue would have been properly laid for such action in the same manner as if the person for whom the appointment thereof is sought had survived . If the decedent was a resident of the Commonwealth, a personal representative may qualify as provided in § 26-12 [ .2 ] .