A circuit court, upon good cause shown, may appoint in accordance with the provisions of § 64.2-451 a curator for the estate of a resident of the Commonwealth in a case where the legal presumption of death is not applicable if (i) at least one year has expired since the date that the resident was last heard from and (ii) it is not known and cannot with reasonable diligence be shown whether such person is alive. In determining whether good cause exists, the court shall consider the existence and efficacy of any durable power of attorney.
2006, c. 351, § 64.1-106.1; 2012, c. 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 23 - Persons Presumed Dead
§ 64.2-2300. Presumption of death from absence or disappearance; when applicable
§ 64.2-2301. Distribution of fund when presumption of death not applicable
§ 64.2-2302. Appointment of curator when presumption of death not applicable
§ 64.2-2303. Persons presumed dead; authority of clerk
§ 64.2-2304. Petition seeking determination of death; hearing; evidence; notice
§ 64.2-2305. Entry of order that presumption of death is applicable; effect
§ 64.2-2306. Distribution of property; refunding bond
§ 64.2-2307. Revocation of determination of death; effect on previous acts; title of purchasers