{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/55.1-331.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/55.1-331.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/55.1-331.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/55.1-331.html"}],"law_id":369887,"edition_id":2,"section_id":369887,"structure_id":52683,"section_number":"55.1-331","catch_line":"Disposition of surplus from trustee’s sale after death of grantor","history":"1942, p. 94; Michie Code 1942, \u00a7 5167d; 1944, p. 389; Code 1950, \u00a7 55-64; 1990, c. 831; 2018, cc. 34, 204; 2019, c. 712.","full_text":"Whenever the grantor, or his successor in title, in any deed of trust by which any real property is conveyed in trust to secure debts or indemnify sureties dies prior to a trustee’s sale held pursuant to the deed of trust and the deed of trust contains no definite provision for the distribution of any surplus in the event of the death of the grantor or his successors in title prior to the trustee’s sale held pursuant to the deed of trust, or contains a provision that such surplus shall be paid to the grantor or his heirs or assigns or personal representative, then any surplus of the proceeds of the sale remaining in the possession of the trustee, after discharging the expenses of executing the trust, all tax liens upon the property sold, all debts and obligations secured by the deed of trust, and, in order of their priority, if any, the remaining subsequent debts and obligations secured by the deed, and any liens of record inferior to the deed of trust under which the sale is made, with lawful interest, shall be paid by the trustee to the personal representative of the decedent.\n\nAny such funds possessed by the personal representative shall constitute assets for the payment by him of any debts and demands against the decedent’s estate remaining unsatisfied after the personal estate has been exhausted. Any surplus of the funds so paid to the personal representative and remaining in his possession after the satisfaction of all debts and demands against the estate shall be paid over by him, if the decedent died intestate as to the real property embraced in the deed of trust, to the heirs at law of the decedent, or their successors in title, and if the decedent died testate as to the real property embraced in the deed of trust, then such surplus shall be paid to the persons entitled to the real property under the terms of the decedent’s will, or to their successors in title.\n\n","order_by":null,"text":{"0":{"id":1380018,"text":"Whenever the grantor, or his successor in title, in any deed of trust by which any real property is conveyed in trust to secure debts or indemnify sureties dies prior to a trustee’s sale held pursuant to the deed of trust and the deed of trust contains no definite provision for the distribution of any surplus in the event of the death of the grantor or his successors in title prior to the trustee’s sale held pursuant to the deed of trust, or contains a provision that such surplus shall be paid to the grantor or his heirs or assigns or personal representative, then any surplus of the proceeds of the sale remaining in the possession of the trustee, after discharging the expenses of executing the trust, all tax liens upon the property sold, all debts and obligations secured by the deed of trust, and, in order of their priority, if any, the remaining subsequent debts and obligations secured by the deed, and any liens of record inferior to the deed of trust under which the sale is made, with lawful interest, shall be paid by the trustee to the personal representative of the decedent.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1380019,"text":"Any such funds possessed by the personal representative shall constitute assets for the payment by him of any debts and demands against the decedent’s estate remaining unsatisfied after the personal estate has been exhausted. Any surplus of the funds so paid to the personal representative and remaining in his possession after the satisfaction of all debts and demands against the estate shall be paid over by him, if the decedent died intestate as to the real property embraced in the deed of trust, to the heirs at law of the decedent, or their successors in title, and if the decedent died testate as to the real property embraced in the deed of trust, then such surplus shall be paid to the persons entitled to the real property under the terms of the decedent’s will, or to their successors in title.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":52683,"edition_id":2,"name":"Form and Effect of Deeds of Trust; Sales Thereunder; Assignments; Releases","identifier":"2","label":"article","depth":4,"order_by":2,"parent_id":52679,"metadata":{"child_laws":31,"child_structures":0},"date_created":"2026-08-02 03:03:02","date_modified":"2026-08-02 12:35:21","permalink":{"id":1472063,"object_type":"structure","relational_id":52683,"identifier":"2","token":"55.1\/I\/3\/2","url":"\/55.1\/I\/3\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52679,"edition_id":2,"name":"Form and Effect of Deeds and Covenants; Liens","identifier":"3","label":"chapter","depth":3,"order_by":3,"parent_id":52601,"metadata":{"child_laws":67,"child_structures":4},"date_created":"2026-08-02 03:02:58","date_modified":"2026-08-02 12:35:21","permalink":{"id":1471987,"object_type":"structure","relational_id":52679,"identifier":"3","token":"55.1\/I\/3","url":"\/55.1\/I\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52601,"edition_id":2,"name":"Property Conveyances","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":52600,"metadata":{"child_laws":142,"child_structures":14},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471773,"object_type":"structure","relational_id":52601,"identifier":"I","token":"55.1\/I","url":"\/55.1\/I\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52600,"edition_id":2,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":120,"parent_id":null,"metadata":{"child_laws":875,"child_structures":101},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471771,"object_type":"structure","relational_id":52600,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":369864,"structure_id":52683,"section_number":"55.1-316","catch_line":"Form of deed of trust to secure debts, etc","url":"\/55.1-316\/","token":"55.1\/I\/3\/2\/55.1-316","metadata":false},{"id":369865,"structure_id":52683,"section_number":"55.1-317","catch_line":"Requirements for trustees","url":"\/55.1-317\/","token":"55.1\/I\/3\/2\/55.1-317","metadata":false},{"id":369867,"structure_id":52683,"section_number":"55.1-318","catch_line":"Credit line deed of trust defined; relative priority of credit line deed of trust and other instruments of judgment","url":"\/55.1-318\/","token":"55.1\/I\/3\/2\/55.1-318","metadata":false},{"id":369866,"structure_id":52683,"section_number":"55.1-318.1","catch_line":"Effect of amendment to loan document on deed of trust","url":"\/55.1-318.1\/","token":"55.1\/I\/3\/2\/55.1-318.1","metadata":false},{"id":369868,"structure_id":52683,"section_number":"55.1-319","catch_line":"Priority of residential refinance mortgage over subordinate mortgage","url":"\/55.1-319\/","token":"55.1\/I\/3\/2\/55.1-319","metadata":false},{"id":369869,"structure_id":52683,"section_number":"55.1-320","catch_line":"How deed of trust construed; duties, rights, etc., of parties","url":"\/55.1-320\/","token":"55.1\/I\/3\/2\/55.1-320","metadata":false},{"id":369877,"structure_id":52683,"section_number":"55.1-321","catch_line":"Notices required before sale by trustee to owners, lienors, etc.; if note lost","url":"\/55.1-321\/","token":"55.1\/I\/3\/2\/55.1-321","metadata":false},{"id":369878,"structure_id":52683,"section_number":"55.1-322","catch_line":"Advertisement required before sale by trustee","url":"\/55.1-322\/","token":"55.1\/I\/3\/2\/55.1-322","metadata":false},{"id":369879,"structure_id":52683,"section_number":"55.1-323","catch_line":"Contents of advertisements of sale","url":"\/55.1-323\/","token":"55.1\/I\/3\/2\/55.1-323","metadata":false},{"id":369880,"structure_id":52683,"section_number":"55.1-324","catch_line":"Powers and duties of trustee in event of sale under or satisfaction of deed of trust","url":"\/55.1-324\/","token":"55.1\/I\/3\/2\/55.1-324","metadata":false},{"id":369881,"structure_id":52683,"section_number":"55.1-325","catch_line":"Meaning of phrases that may be included in deed of trust","url":"\/55.1-325\/","token":"55.1\/I\/3\/2\/55.1-325","metadata":false},{"id":369882,"structure_id":52683,"section_number":"55.1-326","catch_line":"Evidences of indebtedness placed on equal footing","url":"\/55.1-326\/","token":"55.1\/I\/3\/2\/55.1-326","metadata":false},{"id":369883,"structure_id":52683,"section_number":"55.1-327","catch_line":"Sales under deeds of trust that contain no maturity date or provision authorizing sale","url":"\/55.1-327\/","token":"55.1\/I\/3\/2\/55.1-327","metadata":false},{"id":369884,"structure_id":52683,"section_number":"55.1-328","catch_line":"Validation of conveyances of real property under trust instrument not authorizing sale","url":"\/55.1-328\/","token":"55.1\/I\/3\/2\/55.1-328","metadata":false},{"id":369885,"structure_id":52683,"section_number":"55.1-329","catch_line":"Permissible form for notice of sale under deed of trust","url":"\/55.1-329\/","token":"55.1\/I\/3\/2\/55.1-329","metadata":false},{"id":369886,"structure_id":52683,"section_number":"55.1-330","catch_line":"Construction of deeds requiring notice by advertisement in newspaper","url":"\/55.1-330\/","token":"55.1\/I\/3\/2\/55.1-330","metadata":false},{"id":369887,"structure_id":52683,"section_number":"55.1-331","catch_line":"Disposition of surplus from trustee's sale after death of grantor","url":"\/55.1-331\/","token":"55.1\/I\/3\/2\/55.1-331","metadata":false},{"id":369888,"structure_id":52683,"section_number":"55.1-332","catch_line":"Title to real estate sold not affected by nonlisting of secured notes for taxation","url":"\/55.1-332\/","token":"55.1\/I\/3\/2\/55.1-332","metadata":false},{"id":369889,"structure_id":52683,"section_number":"55.1-333","catch_line":"Validation of certain sales made under deeds of trust","url":"\/55.1-333\/","token":"55.1\/I\/3\/2\/55.1-333","metadata":false},{"id":369890,"structure_id":52683,"section_number":"55.1-334","catch_line":"Validation of certain sales made under deeds of trust prior to October 1, 1977","url":"\/55.1-334\/","token":"55.1\/I\/3\/2\/55.1-334","metadata":false},{"id":369891,"structure_id":52683,"section_number":"55.1-335","catch_line":"Validation of other sales under deeds of trust","url":"\/55.1-335\/","token":"55.1\/I\/3\/2\/55.1-335","metadata":false},{"id":369892,"structure_id":52683,"section_number":"55.1-336","catch_line":"Protection of assignees or transferees of debts secured by real estate; form of certificate of transfer","url":"\/55.1-336\/","token":"55.1\/I\/3\/2\/55.1-336","metadata":false},{"id":369893,"structure_id":52683,"section_number":"55.1-337","catch_line":"Required notice of foreclosure or repossession of manufactured home","url":"\/55.1-337\/","token":"55.1\/I\/3\/2\/55.1-337","metadata":false},{"id":369894,"structure_id":52683,"section_number":"55.1-338","catch_line":"Release to person dead inures to successors","url":"\/55.1-338\/","token":"55.1\/I\/3\/2\/55.1-338","metadata":false},{"id":369895,"structure_id":52683,"section_number":"55.1-339","catch_line":"Release of deed of trust or other lien","url":"\/55.1-339\/","token":"55.1\/I\/3\/2\/55.1-339","metadata":false},{"id":369896,"structure_id":52683,"section_number":"55.1-340","catch_line":"Release by financial institution upon payment of debt placed with it for collection","url":"\/55.1-340\/","token":"55.1\/I\/3\/2\/55.1-340","metadata":false},{"id":369897,"structure_id":52683,"section_number":"55.1-341","catch_line":"Partial satisfaction","url":"\/55.1-341\/","token":"55.1\/I\/3\/2\/55.1-341","metadata":{"court_decisions":""}},{"id":369898,"structure_id":52683,"section_number":"55.1-342","catch_line":"Permissible form for certificate of satisfaction or certificate of partial satisfaction","url":"\/55.1-342\/","token":"55.1\/I\/3\/2\/55.1-342","metadata":false},{"id":369899,"structure_id":52683,"section_number":"55.1-343","catch_line":"Where certificates of satisfaction are to be indexed","url":"\/55.1-343\/","token":"55.1\/I\/3\/2\/55.1-343","metadata":false},{"id":369900,"structure_id":52683,"section_number":"55.1-344","catch_line":"Releases made by court; costs and attorney fees","url":"\/55.1-344\/","token":"55.1\/I\/3\/2\/55.1-344","metadata":false},{"id":369901,"structure_id":52683,"section_number":"55.1-345","catch_line":"Recordation of certificate of satisfaction, etc., required when release of lien recorded","url":"\/55.1-345\/","token":"55.1\/I\/3\/2\/55.1-345","metadata":false}],"previous_section":{"id":369886,"structure_id":52683,"section_number":"55.1-330","catch_line":"Construction of deeds requiring notice by advertisement in newspaper","url":"\/55.1-330\/","token":"55.1\/I\/3\/2\/55.1-330","metadata":false},"next_section":{"id":369888,"structure_id":52683,"section_number":"55.1-332","catch_line":"Title to real estate sold not affected by nonlisting of secured notes for taxation","url":"\/55.1-332\/","token":"55.1\/I\/3\/2\/55.1-332","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-331\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1990, chapter 831; in 2018, chapters 34<\/a> and 204<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1472129,"object_type":"law","relational_id":369887,"identifier":"55.1-331","token":"55.1\/I\/3\/2\/55.1-331","url":"\/55.1-331\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/55.1-331\/","token":"55.1\/I\/3\/2\/55.1-331","dublin_core":{"Title":"Disposition of surplus from trustee’s sale after death of grantor","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-331","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever the grantor, or his successor in title, in any deed of trust by which any real property is conveyed in trust to secure debts or indemnify sureties dies prior to a trustee’s sale held pursuant to the deed of trust and the deed of trust contains no definite provision for the distribution of any surplus in the event of the death of the grantor or his successors in title prior to the trustee’s sale held pursuant to the deed of trust, or contains a provision that such surplus shall be paid to the grantor or his heirs or assigns or personal representative, then any surplus of the proceeds of the sale remaining in the possession<\/span> of the trustee, after discharging the expenses of executing the trust, all tax liens<\/span> upon the property sold, all debts and obligations secured by the deed of trust, and, in order<\/span> of their priority, if any, the remaining subsequent debts and obligations secured by the deed, and any liens<\/span> of record inferior to the deed of trust under which the sale is made, with lawful interest, shall be paid by the trustee to the personal representative of the decedent.<\/p>

Any such funds possessed by the personal representative shall constitute assets<\/span> for the payment by him of any debts and demands against the decedent’s estate remaining unsatisfied after the personal estate has been exhausted. Any surplus of the funds so paid to the personal representative and remaining in his possession<\/span> after the satisfaction of all debts and demands against the estate shall be paid over by him, if the decedent died intestate as to the real property embraced in the deed of trust, to the heirs at law<\/span> of the decedent, or their successors in title, and if the decedent died testate as to the real property embraced in the deed of trust, then such surplus shall be paid to the persons entitled to the real property under the terms of the decedent’s will, or to their successors in title.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISPOSITION OF SURPLUS FROM TRUSTEE’S SALE AFTER DEATH OF GRANTOR (\u00a7\n55.1-331)\n\nWhenever the grantor, or his successor in title, in any deed of trust by which\nany real property is conveyed in trust to secure debts or indemnify sureties\ndies prior to a trustee’s sale held pursuant to the deed of trust and the\ndeed of trust contains no definite provision for the distribution of any surplus\nin the event of the death of the grantor or his successors in title prior to the\ntrustee’s sale held pursuant to the deed of trust, or contains a provision\nthat such surplus shall be paid to the grantor or his heirs or assigns or\npersonal representative, then any surplus of the proceeds of the sale remaining\nin the possession of the trustee, after discharging the expenses of executing\nthe trust, all tax liens upon the property sold, all debts and obligations\nsecured by the deed of trust, and, in order of their priority, if any, the\nremaining subsequent debts and obligations secured by the deed, and any liens of\nrecord inferior to the deed of trust under which the sale is made, with lawful\ninterest, shall be paid by the trustee to the personal representative of the\ndecedent.\n\nAny such funds possessed by the personal representative shall constitute assets\nfor the payment by him of any debts and demands against the decedent’s\nestate remaining unsatisfied after the personal estate has been exhausted. Any\nsurplus of the funds so paid to the personal representative and remaining in his\npossession after the satisfaction of all debts and demands against the estate\nshall be paid over by him, if the decedent died intestate as to the real\nproperty embraced in the deed of trust, to the heirs at law of the decedent, or\ntheir successors in title, and if the decedent died testate as to the real\nproperty embraced in the deed of trust, then such surplus shall be paid to the\npersons entitled to the real property under the terms of the decedent’s\nwill, or to their successors in title.\n\nHISTORY: 1942, p. 94; Michie Code 1942, \u00a7 5167d; 1944, p. 389; Code 1950, \u00a7\n55-64; 1990, c. 831; 2018, cc. 34, 204; 2019, c. 712.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}