When, in any suit involving a decedent's estate or a trust, the number of parties exceeds 30, and any one of the parties jointly interested with others in any question arising therein, dies, the court may, notwithstanding, if in its opinion all classes of interests are represented and no one will be prejudiced thereby, proceed to render a decree in such suit as if such party were alive; decreeing to the heirs, devisees, legatees, distributees, or personal representatives, as the case may be, such interest as the deceased person, if alive, would be entitled to. The provisions of § 8.01-322 shall apply to decrees entered hereunder.
Code 1950, §§ 8-155, 8-156; 1977, c. 617; 2005, c. 681.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
§ 8.01-5. Effect of nonjoinder or misjoinder; limitation on joinder of insurance company
§ 8.01-6. Amending pleading; relation back to original pleading
§ 8.01-6.1. Amendment of pleading changing or adding a claim or defense; relation back
§ 8.01-6.2. Amendment of pleading; relation back to original pleading; confusion in trade name
§ 8.01-6.3. Actions or suits against fiduciaries; style of the case; amendment of pleading
§ 8.01-7. When court may add new parties to suit
§ 8.01-10. Joinder of tenants in common
§ 8.01-11. Proceedings on writing binding deceased person
§ 8.01-12. Suit by beneficial owner when legal title in another
§ 8.01-13. Assignee or beneficial owner may sue in own name; certain discounts allowed
§ 8.01-14. Suit against assignor
§ 8.01-15. Suits by and against unincorporated associations or orders
§ 8.01-15.1. Anonymous plaintiff; motion for identification; factors to be considered by court
§ 8.01-15.2. Servicemembers Civil Relief Act; default judgment; appointment of counsel
§ 8.01-16. New parties may have continuance
§ 8.01-17. When party whose powers cease is defendant
§ 8.01-18. When suit discontinued unless revived
§ 8.01-19. Effect of marriage or change of name of party
§ 8.01-20. Effect of marriage, change of name or death on appeal
§ 8.01-20.1. Certification of expert witness opinion at time of service of process
§ 8.01-21. Judgment when death or disability occurs after verdict but before judgment
§ 8.01-22. When death or disability occurs as to any of several plaintiffs or defendants
§ 8.01-23. Decree in suit when number of parties exceeds 30 and one of them dies
§ 8.01-24. Writ of scire facias abolished; substitutes therefor