Code of Virginia § 64.2-2307. Revocation of determination of death; effect on previous acts; title of purchasers.

256 words·~1 min read·/va/title-64-2/chapter-23/64-2-2307

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The court, after reasonable notice to the parties interested, may revoke a determination of death at any time based on satisfactory evidence that the presumed decedent is in fact alive. If a determination of death is revoked, all powers of any personal representative shall terminate; however, if the personal representative has complied with the provisions of § 64.2-2306 , all receipts and disbursements of assets and other acts previously done by the personal representative and the title of bona fide purchasers of property under sales made by the personal representative or by any heir at law, devisee, next of kin, legatee, survivor, beneficiary, or other successor in interest shall remain as valid as if no revocation had been made.

Any personal representative shall settle his account and all assets remaining in his possession or in the possession of such heir at law, devisee, next of kin, legatee, survivor, beneficiary, or other successor in interest, and the proceeds of such assets, shall be transferred to the person who had been determined to be dead or to his duly authorized agent or attorney. Nothing in this section shall validate the title of any person to any money or property received as an heir at law, devisee, next of kin, legatee, survivor, beneficiary, or other successor in interest of such presumed decedent, and such money or property may be recovered from them as if the order determining death had not been granted.

Code 1950, § 64-109; 1968, c. 656, § 64.1-113; 2006, c. 351 ; 2012, c. 614 .