Virginia HB 307: Administration of estates; claims against decedent or estate.

Bill Text

2026 SESSION

INTRODUCED

26103488D

HOUSE BILL NO. 307

Offered January 14, 2026

Prefiled January 9, 2026

A BILL to amend and reenact §§ 64.2-552 and 64.2-556 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 5 of Title 64.2 a section numbered 64.2-508.1, relating to administration of estates; claims against decedent or estate.

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Patron—Carnegie

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Referred to Committee for Courts of Justice

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Be it enacted by the General Assembly of Virginia:

1. That §§ 64.2-552 and 64.2-556 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 1 of Chapter 5 of Title 64.2 a section numbered 64.2-508.1as follows:

§ 64.2-508.1. Notice to creditors for presentation of claims against decedent.

A. For purposes of this section, "claim" means all claims against a decedent's estate that arose before the death of the decedent, except a contingent claim based on any warranty made in connection with the conveyance of real estate and claims of the United States and tax claims of the Commonwealth and subdivisions thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, secured or unsecured, founded on contract, tort, or other legal basis. "Claim" does not include (i) any mortgage, pledge, security interest, or other lien existing at the date of death of the decedent or (ii) claims of heirs or devisees to their respective shares or interests in the decedent's estate in their capacity as such heirs or devisees.

B. The personal representative of a decedent's estate, upon qualification, may publish a notice to all persons having a claim against the decedent to present such claim on or before the date to be specified in the notice under this section. The notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in the city or county in which the personal representative qualified in accordance with the provisions of § 8.01-324. At the same time, the personal representative shall personally deliver or send by first class mail a copy of the notice published under this section to the last known address of all persons having a disputed claim against the decedent that are actually known or can be ascertained by the personal representative with reasonable diligence.

C. Any notice published pursuant to this section shall include the following information:

1. The name and date of death of the decedent;

2. The name, address, and telephone number of the personal representative;

3. The mailing address of the clerk of the court in which the personal representative qualified;

4. A statement that all persons having a claim against the decedent shall present such claim to the personal representative in the manner specified in this section on or before the later of (i) at least six months from the date of the first publication of the notice or (ii) 90 days after the personal representative mails or otherwise delivers a copy of the notice as published to the claimant; and

5. A statement that, unless a claim is timely presented to the personal representative in the manner specified in this section, the liability of the personal representative or his surety for such claim shall not exceed the assets of the decedent remaining in the possession of the personal representative and available for application to the claim pursuant to § 64.2-528 at the time a demand for payment of such claim is presented to the personal representative.

D. Within 30 days after completing the publication of notice and sending a copy of the notice to all persons with a disputed claim under this section, the personal representative shall file with the clerk of the court in which the personal representative qualified an affidavit providing proof of publication of the notice and stating the names and addresses of the persons to whom the personal representative has mailed or delivered a copy of the notice and when the notice was mailed or delivered to each. If the personal representative is required to file the inventory and accounts with the commissioner of accounts, the personal representative shall, upon filing such affidavit with the clerk, provide a copy of the affidavit to such commissioner of accounts.

E. A claim against the decedent under this section shall be in writing and shall state the amount or item claimed or other relief sought, the basis for the claim, and the name and address of the claimant. Such claim shall be presented either:

1. By delivery in person or by mailing, registered or certified mail, return receipt requested, to the personal representative. Such claim shall be deemed to have been presented at the time of delivery in person to the personal representative or agent for the personal representative when the return receipt is signed by the personal representative or agent for the personal representative or when the writing, either in person or mailed, is re