{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-2308.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-2308.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-2308.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-2308.html"}],"law_id":376092,"edition_id":2,"section_id":376092,"structure_id":53485,"section_number":"64.2-2308","catch_line":"Substitution of presumed decedent in pending actions; reopening of judgments; effect of judgments","history":"Code 1950, \u00a7 64-110; 1968, c. 656, \u00a7 64.1-114; 1971, Ex. Sess., c. 156; 2006, c. 351; 2012, c. 614.","full_text":"A\n\nAfter revocation of the order determining death, the person who had been determined to be dead may:\n\n1\n\nBe substituted as plaintiff in all actions previously brought by his personal representative, whether prosecuted to judgment or otherwise, on suggestion filed by such person; and\n\n2\n\nBe substituted as defendant in all actions previously brought against his personal representative, on suggestion filed by such person or the plaintiff to the action. If such person is substituted as defendant, he shall not be compelled to go to trial in less than three months from the time that such suggestion is filed.\n\nB\n\nUpon application by the presumed decedent, judgments recovered against the personal representative before revocation of the order determining death may be opened. Such application by the presumed decedent shall be made within three months from the date of the revocation and shall be supported by an affidavit that specifically denies the cause of the action, in whole or in part, or specifically alleges the existence of facts that would constitute a valid defense. However, if no application is made during the three-month period, or, if an application is made but the facts exhibited are adjudged to be insufficient to constitute a defense, the judgment shall be conclusive for all intents. After the substitution of the presumed decedent as defendant to any judgment pursuant to subdivision A 2, the judgment shall become a lien upon his real estate and shall so continue as other judgments.\n\n","order_by":null,"text":{"0":{"id":1404305,"text":"After revocation of the order determining death, the person who had been determined to be dead may:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":1404306,"text":"Be substituted as plaintiff in all actions previously brought by his personal representative, whether prosecuted to judgment or otherwise, on suggestion filed by such person; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":1404307,"text":"Be substituted as defendant in all actions previously brought against his personal representative, on suggestion filed by such person or the plaintiff to the action. If such person is substituted as defendant, he shall not be compelled to go to trial in less than three months from the time that such suggestion is filed.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":1404308,"text":"Upon application by the presumed decedent, judgments recovered against the personal representative before revocation of the order determining death may be opened. Such application by the presumed decedent shall be made within three months from the date of the revocation and shall be supported by an affidavit that specifically denies the cause of the action, in whole or in part, or specifically alleges the existence of facts that would constitute a valid defense. However, if no application is made during the three-month period, or, if an application is made but the facts exhibited are adjudged to be insufficient to constitute a defense, the judgment shall be conclusive for all intents. After the substitution of the presumed decedent as defendant to any judgment pursuant to subdivision A 2, the judgment shall become a lien upon his real estate and shall so continue as other judgments.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2"}},"ancestry":[{"id":53485,"edition_id":2,"name":"Persons Presumed Dead","identifier":"23","label":"chapter","depth":3,"order_by":2,"parent_id":53483,"metadata":{"child_laws":10,"child_structures":0},"date_created":"2026-08-02 03:17:06","date_modified":"2026-08-02 12:37:25","permalink":{"id":1502771,"object_type":"structure","relational_id":53485,"identifier":"23","token":"64.2\/V\/23","url":"\/64.2\/V\/23\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53483,"edition_id":2,"name":"Provisions Applicable to Probate and Nonprobate Transfers","identifier":"V","label":"subtitle","depth":2,"order_by":5,"parent_id":53424,"metadata":{"child_laws":90,"child_structures":12},"date_created":"2026-08-02 03:17:05","date_modified":"2026-08-02 12:37:24","permalink":{"id":1502731,"object_type":"structure","relational_id":53483,"identifier":"V","token":"64.2\/V","url":"\/64.2\/V\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53424,"edition_id":2,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":136,"parent_id":null,"metadata":{"child_laws":776,"child_structures":114},"date_created":"2026-08-02 03:16:27","date_modified":"2026-08-02 12:37:05","permalink":{"id":1499783,"object_type":"structure","relational_id":53424,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":376084,"structure_id":53485,"section_number":"64.2-2300","catch_line":"Presumption of death from absence or disappearance; when applicable","url":"\/64.2-2300\/","token":"64.2\/V\/23\/64.2-2300","metadata":false},{"id":376085,"structure_id":53485,"section_number":"64.2-2301","catch_line":"Distribution of fund when presumption of death not applicable","url":"\/64.2-2301\/","token":"64.2\/V\/23\/64.2-2301","metadata":false},{"id":376086,"structure_id":53485,"section_number":"64.2-2302","catch_line":"Appointment of curator when presumption of death not applicable","url":"\/64.2-2302\/","token":"64.2\/V\/23\/64.2-2302","metadata":false},{"id":376087,"structure_id":53485,"section_number":"64.2-2303","catch_line":"Persons presumed dead; authority of clerk","url":"\/64.2-2303\/","token":"64.2\/V\/23\/64.2-2303","metadata":false},{"id":376088,"structure_id":53485,"section_number":"64.2-2304","catch_line":"Petition seeking determination of death; hearing; evidence; notice","url":"\/64.2-2304\/","token":"64.2\/V\/23\/64.2-2304","metadata":false},{"id":376089,"structure_id":53485,"section_number":"64.2-2305","catch_line":"Entry of order that presumption of death is applicable; effect","url":"\/64.2-2305\/","token":"64.2\/V\/23\/64.2-2305","metadata":false},{"id":376090,"structure_id":53485,"section_number":"64.2-2306","catch_line":"Distribution of property; refunding bond","url":"\/64.2-2306\/","token":"64.2\/V\/23\/64.2-2306","metadata":false},{"id":376091,"structure_id":53485,"section_number":"64.2-2307","catch_line":"Revocation of determination of death; effect on previous acts; title of purchasers","url":"\/64.2-2307\/","token":"64.2\/V\/23\/64.2-2307","metadata":false},{"id":376092,"structure_id":53485,"section_number":"64.2-2308","catch_line":"Substitution of presumed decedent in pending actions; reopening of judgments; effect of judgments","url":"\/64.2-2308\/","token":"64.2\/V\/23\/64.2-2308","metadata":false},{"id":376093,"structure_id":53485,"section_number":"64.2-2309","catch_line":"Costs","url":"\/64.2-2309\/","token":"64.2\/V\/23\/64.2-2309","metadata":false}],"previous_section":{"id":376091,"structure_id":53485,"section_number":"64.2-2307","catch_line":"Revocation of determination of death; effect on previous acts; title of purchasers","url":"\/64.2-2307\/","token":"64.2\/V\/23\/64.2-2307","metadata":false},"next_section":{"id":376093,"structure_id":53485,"section_number":"64.2-2309","catch_line":"Costs","url":"\/64.2-2309\/","token":"64.2\/V\/23\/64.2-2309","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2308\/","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 1968, chapter 656; in 2006, chapter 351<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1502805,"object_type":"law","relational_id":376092,"identifier":"64.2-2308","token":"64.2\/V\/23\/64.2-2308","url":"\/64.2-2308\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-2308\/","token":"64.2\/V\/23\/64.2-2308","dublin_core":{"Title":"Substitution of presumed decedent in pending actions; reopening of judgments; effect of judgments","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2308","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> After revocation<\/span> of the order<\/span> determining death, the person who had been determined to be dead may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Be substituted as plaintiff<\/span> in all actions previously brought by his personal representative<\/span>, whether prosecuted to judgment<\/span> or otherwise, on suggestion filed by such person; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Be substituted as defendant<\/span> in all actions previously brought against his personal representative<\/span>, on suggestion filed by such person or the plaintiff<\/span> to the action. If such person is substituted as defendant<\/span>, he shall not be compelled to go to trial<\/span> in less than three months from the time that such suggestion is filed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon application by the presumed decedent, judgments<\/span> recovered against the personal representative<\/span> before revocation<\/span> of the order<\/span> determining death may be opened. Such application by the presumed decedent shall be made within three months from the date of the revocation<\/span> and shall be supported by an affidavit<\/span> that specifically denies the cause of the action, in whole or in part, or specifically alleges the existence of facts<\/span> that would constitute a valid defense. However, if no application is made during the three-month period, or, if an application is made but the facts<\/span> exhibited are adjudged to be insufficient to constitute a defense, the judgment<\/span> shall be conclusive for all intents<\/span>. After the substitution of the presumed decedent as defendant<\/span> to any judgment<\/span> pursuant to subdivision A 2, the judgment<\/span> shall become a lien<\/span> upon his real estate and shall so continue as other judgments<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUBSTITUTION OF PRESUMED DECEDENT IN PENDING ACTIONS; REOPENING OF JUDGMENTS;\nEFFECT OF JUDGMENTS (\u00a7 64.2-2308)\n\nA. After revocation of the order determining death, the person who had been\ndetermined to be dead may:\n\n 1. Be substituted as plaintiff in all actions previously brought by his\n personal representative, whether prosecuted to judgment or otherwise, on\n suggestion filed by such person; and\n\n 2. Be substituted as defendant in all actions previously brought against his\n personal representative, on suggestion filed by such person or the plaintiff\n to the action. If such person is substituted as defendant, he shall not be\n compelled to go to trial in less than three months from the time that such\n suggestion is filed.\n\nB. Upon application by the presumed decedent, judgments recovered against the\npersonal representative before revocation of the order determining death may be\nopened. Such application by the presumed decedent shall be made within three\nmonths from the date of the revocation and shall be supported by an affidavit\nthat specifically denies the cause of the action, in whole or in part, or\nspecifically alleges the existence of facts that would constitute a valid\ndefense. However, if no application is made during the three-month period, or,\nif an application is made but the facts exhibited are adjudged to be\ninsufficient to constitute a defense, the judgment shall be conclusive for all\nintents. After the substitution of the presumed decedent as defendant to any\njudgment pursuant to subdivision A 2, the judgment shall become a lien upon his\nreal estate and shall so continue as other judgments.\n\nHISTORY: Code 1950, \u00a7 64-110; 1968, c. 656, \u00a7 64.1-114; 1971, Ex. Sess., c.\n156; 2006, c. 351; 2012, c. 614.","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"}}