Virginia HB 1066: Notice of probate; exception to notice.

Bill Text

VIRGINIAACTSOFASSEMBLY--2022RECONVENEDSESSION
CHAPTER777
An Act to amend and reenact § 64.2-508 of the Code of Virginia, relating to notice of probate;
exception to notice.
[H1066]
ApprovedApril27,2022
Be it enacted by the General Assembly of Virginia:
1. That §64.2-508 of the Code of Virginia is amended and reenacted as follows:
§ 64.2-508. Written notice of probate, qualification, and entitlement to copies of inventories,
accounts, and reports to be provided to certain parties.
A. Except as otherwise provided in this section, a personal representative of a decedent's estate,
including an administrator appointed pursuant to § 64.2-454, or a proponent of a decedent's will when
there is no qualification shall provide written notice of qualification or probate, and notice of entitlement
to copies of wills, inventories, accounts, and reports, to the following persons:
1. The surviving spouse of the decedent, if any;
2. All heirs at law of the decedent, whether or not there is a will;
3. All living and ascertained beneficiaries under the will of the decedent, including those who may
take under §64.2-418, and beneficiaries of any trust created by the will; and
4. All living and ascertained beneficiaries under any will of the decedent previously probated in the
same court.
B. Notice under subsection A need not be provided (i) when the known assets passing under the will
or by intestacy do not exceed $5,000 or (ii) to the following persons:
1. A personal representative or proponent of the will;
2. Any person who has signed a waiver of right to receive notice;
3. Any person to whom a summons has been issued pursuant to §64.2-446;
4. Any person who is the subject of a conservatorship, guardianship, or committeeship, if notice is
provided to his conservator, guardian, or committee;
5. Any beneficiary of a trust, other than a trust created by the decedent's will, if notice is provided to
the trustee of the trust;
6. Any heir or beneficiary who survived the decedent but is deceased at the time of qualification or
probate, and such person's successors in interest, if notice is provided to such person's personal
representative;
7. Any minor for whom no guardian has been appointed, if notice is provided to his parent or person
in loco parentis;
8. Any beneficiary of a pecuniary bequest or of a bequest of tangible personal property, provided in
either case the beneficiary is not an heir at law and the value of the bequest is not in excess of $5,000;
and
9. Any unborn or unascertained persons.
C. The notice shall include the following information:
1. The name and date of death of the decedent;
2. The name, address, and telephone number of a personal representative or a proponent of a will;
3. The mailing address of the clerk of the court in which the personal representative qualified or the
will was probated;
4. A statement as follows: "This notice does not mean that you will receive any money or property";
5. A statement as follows: "If personal representatives qualified on this estate, unless otherwise
specifically exempted under Virginia law, they are required by law to file an inventory with the
commissioner of accounts within four months after they qualify in the clerk's office, to file an account
within 16 months of their qualification, and to file additional accounts within 16 months from the date
of their last account period until the estate is settled. If you make written request therefor to the personal
representatives, they must mail copies of these documents (not including any supporting vouchers, but
including a copy of the decedent's will) to you at the same time the inventory or account is filed with
the commissioner of accounts unless (i) you would take only as an heir at law in a case where all of the
decedent's probate estate is disposed of by will or (ii) your gift has been satisfied in full before the time
of such filing. Your written request may be made at any time; it may relate to one specific filing or to
all filings to be made by the personal representative, but it will not be effective for filings made prior to
its receipt by a personal representative. A copy of your request may be sent to the commissioner of
accounts with whom the filings will be made. After the commissioner of accounts has completed work
on an account filed by a personal representative, the commissioner files it and a report thereon in the
clerk's office of the court wherein the personal representative qualified. If you make written request

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therefor to the commissioner before this filing, the commissioner must mail a copy of this report and
any attachments (excluding the account) to you on or before the date that they are filed in the clerk's
office"; and
6. The mailing address of the commissioner of accounts with whom the inventory and accounts must
be filed by the personal representatives, if they are required.
D. Within 30 days after the date of qualification or admission of the will to probate, a personal
representative