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HB1510 • 2026

Actions for personal injury, etc., on behalf of decedent's estate, appeal apptmt. of administrator.

An Act to amend the Code of Virginia by adding a section numbered 64.2-502.1, relating to actions for personal injury or death by wrongful act against or on behalf of a decedent's estate; appeal of appointment of administrator.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Leftwich
Last action
2026-04-08
Official status
Acts of Assembly Chapter
Effective date
Not listed

Plain English Breakdown

The candidate explanation includes details about the court's power to protect interested parties or property during the appeal process that are not explicitly mentioned in the official source material.

Rules for Appeals When Appointing Administrators of Estates

This act creates a process allowing interested parties to appeal the clerk's decision on appointing an administrator for estates involved in personal injury or wrongful death cases.

What This Bill Does

  • Creates a new section in Virginia's Code that allows people who are interested in an estate to appeal if they disagree with the clerk’s decision on appointing an administrator.
  • Allows appeals without requiring a bond, and sets a six-month time limit for filing such appeals.
  • Requires the circuit court to give priority to hearing these appeals.
  • Gives the court the power to protect interested parties or property during the appeal process.

Who It Names or Affects

  • People who are interested in an estate, including those entitled to notice under Virginia law.
  • Courts and clerks involved in appointing administrators for estates.

Terms To Know

Administrator
A person appointed by a court to manage the affairs of someone who has died without leaving a will or whose estate is being contested.
Appeal
The process where a decision made in a lower court can be reviewed and possibly changed by a higher court.

Limits and Unknowns

  • Does not specify what happens if an appeal is denied.
  • Does not provide details on how the new administrator will handle any pending litigation.
  • The effective date of this act has not been specified in the official source material.

Bill History

  1. 2026-04-08 Governor

    Approved by Governor-Chapter 475 (effective 7/1/2026)

  2. 2026-04-08 Governor

    Acts of Assembly Chapter text (CHAP0475)

  3. 2026-04-01 House

    Fiscal Impact Statement from Department of Planning and Budget (HB1510)

  4. 2026-03-31 House

    Enrolled Bill communicated to Governor on March 31, 2026

  5. 2026-03-31 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  6. 2026-03-31 House

    Signed by Speaker

  7. 2026-03-31 House

    Enrolled Bill communicated to Governor on March 31, 2026

  8. 2026-03-31 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  9. 2026-03-30 Senate

    Signed by President

  10. 2026-03-30 House

    Enrolled

  11. 2026-03-30 House

    Bill text as passed House and Senate (HB1510ER)

  12. 2026-03-10 Senate

    Read third time

  13. 2026-03-10 Senate

    Read third time

  14. 2026-03-10 Senate

    Passed Senate Block Vote (40-Y 0-N 0-A)

  15. 2026-03-10 Senate

    Passed Senate with substitute Block Vote (40-Y 0-N 0-A)

  16. 2026-03-09 Senate

    Rules suspended

  17. 2026-03-09 Senate

    Passed by for the day

  18. 2026-03-09 Senate

    Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

  19. 2026-03-09 Senate

    Passed by for the day Block Vote (Voice Vote)

  20. 2026-03-05 Courts of Justice

    Reported from Courts of Justice (14-Y 0-N)

  21. 2026-02-18 Senate

    Constitutional reading dispensed (on 1st reading)

  22. 2026-02-18 Courts of Justice

    Referred to Committee for Courts of Justice

  23. 2026-02-17 House

    Read third time and passed House Block Vote (97-Y 0-N 0-A)

  24. 2026-02-17 House

    Fiscal Impact Statement from Department of Planning and Budget (HB1510)

  25. 2026-02-16 House

    Read second time and engrossed

  26. 2026-02-13 House

    Read first time

  27. 2026-02-11 Courts of Justice

    Reported from Courts of Justice (22-Y 0-N)

  28. 2026-02-09 Civil

    Subcommittee recommends reporting (10-Y 0-N)

  29. 2026-02-05 Civil

    Assigned HCJ sub: Civil

  30. 2026-01-23 House

    Presented and ordered printed 26103495D

  31. 2026-01-23 Courts of Justice

    Referred to Committee for Courts of Justice

Official Summary Text

Actions for personal injury or death by wrongful act against or on behalf of a decedent's estate; appeal of appointment of administrator.
Creates a process by which a person interested in the administration of an estate or the appointment of an administrator in an action brought for personal injury or death by wrongful act against or on behalf of a decedent's estate may appeal an order from the clerk of a circuit court that appoints an administrator in such matter. This bill is a recommendation of the Boyd-Graves Conference.

Current Bill Text

Read the full stored bill text
An Act to amend the Code of Virginia by adding a section numbered
64.2-502.1
, relating to actions for personal injury or death by wrongful act against or on behalf of a decedent's estate; appeal of appointment of administrator.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered
64.2-502.1
as follows:
§
64.2-502.1
. Appeal from order of clerk appointing administrator.
Any person interested in the administration of an estate, including any person entitled to notice under §
64.2-508
, or the appointment of an administrator for the purposes of an action brought pursuant to §
64.2-454
may, without giving any bond, appeal any order entered by the clerk or deputy clerk of a circuit court pursuant to §
64.2-454
,
64.2-500
, or
64.2-502
within six months after entry of such order to the circuit court whose clerk or deputy clerk made such order. Upon filing of the appeal, the clerk or deputy clerk shall enter in such order or in the will book an order allowing the appeal and a hearing on the matter shall be given precedence on the circuit court's docket. The proceeding on the appeal shall be heard de novo by the court and a copy of the final order of the court shall be entered into the order of the clerk or into the will book.
At any time after the appeal is allowed, the court may enter an order for the protection of any person interested in the estate or for the protection or preservation of any property involved as the court finds necessary.
The appointment of a new administrator pursuant to this section shall not render any prior and otherwise valid appointment void ab initio. Such newly appointed administrator for an otherwise valid prior appointment shall be substituted for the prior administrator in any pending litigation.