A. When the escheator sells for cash, he shall certify the purchase and the price to the State Treasurer, who, after determining that such price, deducting the expenses, has been paid into the state treasury and that the expenses of the inquest and sale have been paid to the escheator, shall have a grant issued and executed for the lands so sold. At the time of sale, the escheator shall require the purchaser to sign an authorization for recordation prior to distribution. A clerk's fee per parcel purchased in accordance with subdivision A 2 of § 17.1-275 shall be collected by the escheator in addition to the purchase price. The fee shall be forwarded to the State Treasurer, together with the names and addresses of the purchasers of the escheated property and the sale proceeds as required in § 55.1-2426, who shall send the fee with the grants to the local clerk's office for recording. The fee in effect at the time of sale shall be in lieu of all fees and costs. Grants of escheated property shall be exempt from all recording taxes. After recording the grants, the local clerk shall forward the grants to the escheator, who shall be responsible for notifying the purchasers of the recordation and the distribution of the grants to the purchaser.
B. Expenses reimbursable by the State Treasurer under subsection A shall include an auctioneer's fee, which shall not exceed five percent of the sale proceeds. The State Treasurer, by regulation, shall detail other appropriate reimbursable expenses.
Code 1919, § 507; Code 1950, § 55-186; 1952, c. 132; 1977, c. 583; 1981, c. 514; 1982, c. 486; 1984, c. 315; 1988, c. 377; 1990, c. 938; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
§ 55.1-2401. Appointment of escheators
§ 55.1-2402. Bond of escheator
§ 55.1-2403. Increase or reduction of penalty of escheator's bond; effect
§ 55.1-2404. Annual report to escheator; lands not liable
§ 55.1-2405. Escheator to hold inquest; notice of inquest
§ 55.1-2406. Jury of inquest; presentation of evidence
§ 55.1-2407. Attendance of jurors; compensation
§ 55.1-2408. How verdict signed; where returned and recorded
§ 55.1-2409. Proceedings to claim land escheated
§ 55.1-2410. Trial by jury; judgment of court
§ 55.1-2411. Facts or evidence to be certified
§ 55.1-2412. Lands may be committed to claimant while claim pending
§ 55.1-2413. Disposition of lands while claim is pending, if not committed to claimant
§ 55.1-2414. Escheator to notify State Treasurer of claim and decision
§ 55.1-2415. Escheators to certify lands escheated
§ 55.1-2416. Removal of parcels from the certificate
§ 55.1-2417. Escheat of property with hazardous materials
§ 55.1-2418. Publication of escheator's certificate
§ 55.1-2419. Order of sale by Governor
§ 55.1-2420. Form of sale agreement; notice of right to refund
§ 55.1-2421. When grant to issue to purchaser; reimbursable expenses
§ 55.1-2422. Form of grant of escheated property
§ 55.1-2424. Recordation of certified copy of grant
§ 55.1-2425. Resale in case of default
§ 55.1-2426. Reports by escheators to State Treasurer
§ 55.1-2427. Reports by State Treasurer to the Governor; penalty on escheators for failure of duty
§ 55.1-2429. When State Treasurer to issue grant to purchaser
§ 55.1-2431. Escheat of estates in trust and equitable titles
§ 55.1-2432. Provision in favor of tenant of escheated land
§ 55.1-2433. In favor of creditor of decedent
§ 55.1-2434. Escheators to defend on behalf of Commonwealth
§ 55.1-2436. Publication of action; what to state and require
§ 55.1-2437. Order of the court
§ 55.1-2438. How money paid into state treasury from escheats may be recovered
§ 55.1-2439. Regulations of the State Treasurer
§ 55.1-2440. Continuation of certain statutes
§ 55.1-2441. Pendency of escheat proceedings no bar to condemnation proceedings