A clerk of the circuit court has no authority to (i) admit to probate a will of a person presumed to be dead, (ii) grant administration upon the estate of a person presumed to be dead, or (iii) appoint a curator pursuant to § 64.2-2302.
Code 1950, § 64-103; 1968, c. 656, § 64.1-107; 1996, cc. 675, 684; 2006, c. 351; 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