Bill

Bill > HB2128


VA HB2128

Virginia Small Estate Act; funeral expenses and disposition, refusal to pay or deliver small asset.


summary

Introduced
01/10/2023
In Committee
02/08/2023
Crossed Over
01/26/2023
Passed
02/16/2023
Dead
Signed/Enacted/Adopted
03/24/2023

Introduced Session

2023 Regular Session

Bill Summary

Virginia Small Estate Act; payment or delivery of small asset; disposition and funeral expenses. Requires any person having possession of a small asset belonging to a decedent, upon presentation of an affidavit by the funeral service establishment handling the disposition of the decedent and any related funeral service, to pay or deliver to such funeral service establishment so much of the small asset as does not exceed the amount given priority and has not already been paid. Under current law, such payment is discretionary and made to the undertaker or mortuary. The bill also provides for the discharge and release of a person paying or delivering a small asset in accordance with the provisions of the bill to the same extent as if such person dealt with the personal representative of the decedent. The bill provides that if any person to whom an affidavit is presented refuses to pay or deliver any small asset, such small asset may be recovered, payment or delivery compelled, and damages recovered, on proof of rightful claim, unless such refusal was made in good faith.

AI Summary

This bill amends the Virginia Small Estate Act to require any person in possession of a small asset belonging to a deceased person to pay or deliver that asset to the licensed funeral service establishment handling the deceased's funeral and disposition, upon presentation of an affidavit from the funeral service establishment. The bill also provides that the person making such a payment or delivery is discharged and released from further liability, and allows the funeral service establishment to recover the asset or compel its delivery if the person refuses to pay or deliver it, unless the refusal was made in good faith. The bill also requires the funeral service establishment to be accountable for any such payment or delivery to the deceased's personal representative or a successor with an equal or superior right.

Committee Categories

Justice

Sponsors (1)

Last Action

Governor: Acts of Assembly Chapter text (CHAP0494) (on 03/24/2023)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...