A. When any person, at the time of his death domiciled outside of the Commonwealth, owned stocks, bonds, securities, money, or tangible personal property located in the Commonwealth or was entitled to any debts, choses in action, or tangible personal property in the Commonwealth, the person, firm, or corporation holding such stocks, bonds, securities, money, debts, tangible personal property, and choses in action shall retain such assets for 90 days from the death of such decedent. After the 90-day period, the person, firm, or corporation shall pay over or deliver on demand such portion of the assets for which the person, firm, or corporation has received no legal notice of any lien or encumbrance to an executor, administrator, or other personal representative, qualified according to the laws of the decedent's domicile if the value of such assets in the Commonwealth is, to the knowledge of the person holding or owing such assets, less than $25,000. When the value of such stocks, bonds, securities, money, debts, tangible personal property, and choses in action is $25,000 or more, the holder may pay or deliver such assets to an executor, administrator, or other personal representative, qualified in accordance with the law of the decedent's domicile, 30 days after the holder gives public notice of his intention to make such a transfer by publication thereof once a week for four successive weeks in a newspaper of general circulation in the city, town, or county wherein the holder resides or has his principal place of business, provided that at the time of such payment or delivery, the holder has no actual notice of the appointment of a personal representative for such decedent in the Commonwealth and has received no legal notice of any lien or encumbrance upon such assets.
B. This section shall be construed as providing, as to the payment of money and the delivery of personal property belonging to nonresident decedents or their estates, optional methods of procedure in addition to those otherwise permitted or provided by law, including a comparable law of the state in which the nonresident decedents were domiciled, and shall not as to such matters add any limitations or restrictions to existing law.
Code 1950, § 64-123; 1956, c. 536; 1968, c. 656, § 64.1-130; 1970, c. 244; 1988, c. 370; 1996, c. 549; 2001, c. 368; 2009, c. 250; 2012, c. 614; 2014, c. 532.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 6 - Transfers without Qualification
§ 64.2-601. Payment or delivery of small asset by affidavit
§ 64.2-602. Payment or delivery of small asset valued at $25,000 or less without affidavit
§ 64.2-603. Discharge and release of payor
§ 64.2-604. Payment or delivery of small asset; funeral expenses
§ 64.2-605. Construction of article
§ 64.2-607. Transfer of evidences of indebtedness, securities, and stock held in decedents' estates
§ 64.2-608. Transfer of securities of nonresident decedents
§ 64.2-609. Money and personal property belonging to nonresident decedents
§ 64.2-610. When court may allow another to qualify on estate
§ 64.2-611. Disposition by sheriff of property when no person entitled thereto
§ 64.2-613. Registration in beneficiary form; sole or joint tenancy ownership; applicable law
§ 64.2-614. Origination of registration in beneficiary form
§ 64.2-615. Form of registration in beneficiary form; effect
§ 64.2-616. Ownership on death of owner
§ 64.2-617. Protection of registering entity
§ 64.2-618. Nontestamentary transfer on death
§ 64.2-619. Terms, conditions, and forms for registration; examples
§ 64.2-620. Nonprobate transfers on death
§ 64.2-624. Transfer on death deed authorized
§ 64.2-625. Transfer on death deed revocable
§ 64.2-626. Transfer on death deed nontestamentary
§ 64.2-627. Capacity of transferor
§ 64.2-629. Notice, delivery, acceptance, consideration not required
§ 64.2-630. Revocation by instrument authorized; revocation by act not permitted
§ 64.2-631. Effect of transfer on death deed during transferor's life
§ 64.2-632. Effect of transfer on death deed at transferor's death
§ 64.2-634. Liability for creditor claims and statutory allowances
§ 64.2-635. Optional form of transfer on death deed
§ 64.2-636. Optional form of revocation
§ 64.2-637. Uniformity of application and construction
§ 64.2-638. Relation to federal Electronic Signatures in Global and National Commerce Act