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2023 SESSION
23103698DBe it enacted by the General Assembly of Virginia:
1. That § 64.2-604 of the Code of Virginia is amended and reenacted as follows:
§ 64.2-604. Payment or delivery of small asset; disposition and funeral expenses.
Thirty days after the death of a
decedent upon whose estate there shall have been no application for the
appointment of a personal representative pending or granted in any
jurisdiction, any A. Any person holding having
possession of a small asset belonging to the decedent may shall, at the request of a successor upon presentation of an
affidavit by the funeral service establishment handling the
disposition of the decedent and any related funeral service,
pay or deliver to such funeral service establishment
so much of the small asset as (i) does
not exceed the amount given priority by § 64.2-528 to the undertaker
or mortuary handling the funeral of the decedent, and a
receipt of the payee shall be a full and final release of the payor as to such
sum and (ii) has not already been
paid. In the affidavit, the funeral
service establishment shall state the following:
1. That it is the licensed funeral service establishment handling the disposition of the decedent and any related funeral service;
2. Its legal name and business address;
3. The lesser of (i) the amount given priority by § 64.2-528 or (ii) the amount due and owed to it for the disposition of the decedent and any related funeral service, reduced by any payments the funeral service establishment has received or reasonably expects to receive; and
4. That no application for the appointment of a personal representative is pending, has been granted, or is expected to be granted in any jurisdiction.
B. Any person paying or delivering a small asset pursuant to subsection A is discharged and released to the same extent as if that person dealt with the personal representative of the decedent. Such person is not required to see the application of the small asset or to inquire into the truth of any statement in any affidavit presented pursuant to subsection A. If any person to whom such an affidavit is presented refuses to pay or deliver any small asset, it may be recovered, or its payment or delivery compelled, and damages may be recovered, on proof of rightful claim in a proceeding brought for that purpose by or on behalf of the funeral service establishment.
C. Any funeral service establishment to whom payment or delivery of a small asset has been made pursuant to this section is answerable and accountable therefor to any personal representative of the decedent's estate or to any other successor having an equal or superior right.