A. Every conveyance of real estate within the Commonwealth made prior to June 30, 1986, by the executor under a will that, prior to such sale, has been probated according to the laws of another state without the qualification of the executor in the Commonwealth, shall be as valid and effective to pass the title of such real estate as if the executor had qualified in the Commonwealth, provided that (i) the will under which the executor acted was duly executed according to the laws of the Commonwealth, (ii) the will confers upon the executor the power to convey the real estate, and (iii) an authenticated copy of such will has been admitted to probate in the Commonwealth in the county or city in which the real estate or any part thereof is located.
B. Notwithstanding any other provision of law, any conveyance of real estate within the Commonwealth made on or after June 30, 1986, by an executor described in subsection A or the trustee of a testamentary trust established in a will where the will, prior to such sale, has been probated according to the laws of another state shall, without the qualification of the executor or the testamentary trustee in the Commonwealth, be valid and effective to pass the title of such real estate provided that (i) the executor or testamentary trustee had duly qualified according to the laws of the state where the will was probated, (ii) the will under which the executor or testamentary trustee acted was duly executed according to the laws of the Commonwealth as a valid will and confers upon the executor or testamentary trustee the power to convey the real estate so conveyed, and (iii) an authenticated copy of such will has been admitted to probate in the Commonwealth in the county or city in which the real estate or any part thereof is situated.
Code 1950, §§ 64-139, 64-140; 1958, c. 558; 1960, c. 279; 1968, c. 656, §§ 64.1-149, 64.1-150; 1996, c. 93; 2012, cc. 61, 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 5 - Personal Representatives and Administration of Estates
§ 64.2-500. Grant of administration with the will annexed
§ 64.2-501. Oath of executor or administrator with the will annexed
§ 64.2-502. Grant of administration of intestate estate
§ 64.2-503. Oath and bond of administrator of intestate estate
§ 64.2-504. Bond of executor or administrator
§ 64.2-505. When security not required
§ 64.2-506. When letters of administration and order for obtaining probate in due form are required
§ 64.2-507. Clerks to deliver statement of responsibilities
§ 64.2-510. Affidavit relating to real estate of intestate decedent
§ 64.2-511. Powers of executor before qualification
§ 64.2-513. Effect of death, resignation, or removal of sole executor
§ 64.2-514. Duty of every personal representative
§ 64.2-515. Duty of fiduciaries as to joint accounts
§ 64.2-516. Duties of fiduciaries as to certain obligations of the United States
§ 64.2-518. When personal representative may renew obligation of decedent
§ 64.2-520.1. Action for damages from legal malpractice concerning estate planning
§ 64.2-520.2. Reliance on certificate of qualification of a personal representative
§ 64.2-522. Personal representatives to pay over sale proceeds and rents to persons entitled
§ 64.2-523. Personal representative may execute deed pursuant to written contract of decedent
§ 64.2-524. Validation of certain conveyances by foreign executor
§ 64.2-525. Debtor's appointment as executor
§ 64.2-526. What personal estate to be sold; use of proceeds
§ 64.2-527. Estate held for another's life; inclusion in personal estate
§ 64.2-528. Order in which debts and demands of decedents to be paid
§ 64.2-530. Lien acquired during lifetime of decedent not affected
§ 64.2-531. Nonexoneration; payment of lien if granted by agent
§ 64.2-532. Real estate of decedent as assets for payment of debts
§ 64.2-533. Administration of assets for payment of debts
§ 64.2-537. Action to enforce claim of less than $100; notice
§ 64.2-538. Lien acquired during lifetime of decedent not affected
§ 64.2-540. Apportionment required
§ 64.2-541. Recovery by executor when part of estate not in his possession
§ 64.2-542. Transfers not required until tax ascertained or security given
§ 64.2-543. Contrary provisions of will or other instrument to govern
§ 64.2-544. Construction of direction to pay all taxes imposed on account of testator's death
§ 64.2-545. Transfer of assets to administrator de bonis non; administration of assets
§ 64.2-546. Action against representative of executor for waste
§ 64.2-547. Revival of judgment by administrator de bonis non
§ 64.2-548. Action against surety of personal representative; procedure
§ 64.2-549. Liability of personal representative or his surety
§ 64.2-550. Proceedings for receiving proof of debts by commissioners of accounts
§ 64.2-551. Account of debts by commissioners of accounts
§ 64.2-552. How claims filed before commissioners of accounts; tolling of limitations period
§ 64.2-553. When court to order payment of debts
§ 64.2-554. When distribution may be required; refunding bond
§ 64.2-555. When fiduciaries are protected by refunding bonds
§ 64.2-557. Form for notice to show cause under § 64.2-556
§ 64.2-558. Distribution to persons standing in loco parentis to certain beneficiaries