HB528 • 2026

Compromise of claim for death by wrongful act; approval without a hearing.

An Act to amend and reenact § 8.01-55 of the Code of Virginia, relating to compromise of claim for death by wrongful act; approval without a hearing.

Parental Rights

Enacted

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

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

Plain English Breakdown

The official source material does not provide specific details on the notification process for nonresident beneficiaries or the effective date of the act.

Changing Rules for Settling Claims Without a Hearing

This act allows courts to approve settlements of wrongful death claims without holding a hearing if all parties agree and sign off on the agreement.

What This Bill Does

Allows the court to approve a settlement between people involved in a wrongful death case if everyone agrees.
Requires that any beneficiary's approval must be notarized unless an attorney is acting as their guardian ad litem.

Who It Names or Affects

People involved in wrongful death cases
Courts that handle these cases

Terms To Know

Compromise of claim: An agreement to settle a dispute without going to trial.
Personal representative: A person appointed by the court to manage the affairs of someone who has died.

Limits and Unknowns

Does not specify what happens if parties cannot agree on how to distribute settlement money.
The effectiveness date is not provided in the official source material.
It does not explain how nonresident beneficiaries are notified about the proposed compromise.

Bill History

2026-04-08 Governor
Approved by Governor-Chapter 399 (effective 7/1/2026)
2026-04-08 Governor
Acts of Assembly Chapter text (CHAP0399)
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Signed by Speaker
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Fiscal Impact Statement from Department of Planning and Budget (HB528)
2026-03-30 Senate
Signed by President
2026-03-30 House
Enrolled
2026-03-30 House
Bill text as passed House and Senate (HB528ER)
2026-03-10 Senate
Read third time
2026-03-10 Senate
Read third time
2026-03-10 Senate
Passed Senate Block Vote (40-Y 0-N 0-A)
2026-03-09 Senate
Rules suspended
2026-03-09 Senate
Passed by for the day
2026-03-09 Senate
Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
2026-03-09 Senate
Passed by for the day Block Vote (Voice Vote)
2026-03-05 Courts of Justice
Reported from Courts of Justice (14-Y 0-N)
2026-02-04 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-04 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-03 House
Moved from Uncontested Calendar to Regular Calendar
2026-02-03 House
Read third time and passed House (98-Y 0-N 0-A)
2026-02-02 House
Read second time and engrossed
2026-01-30 House
Read first time
2026-01-28 Courts of Justice
Reported from Courts of Justice (19-Y 0-N)
2026-01-21 House
Fiscal Impact Statement from Department of Planning and Budget (HB528)
2026-01-21 Civil
Subcommittee recommends reporting (10-Y 0-N)
2026-01-19 Civil
Assigned HCJ sub: Civil
2026-01-13 House
Prefiled and ordered printed; Offered 01-14-2026 26103506D
2026-01-13 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Compromise of claim for death by wrongful act; approval without a hearing.
Allows the court to approve a proposed compromise of a claim for death by wrongful act if the parties in interest agree to and endorse an approval order relating to such proposed compromise. The bill further requires that the endorsement of any such approval order by a beneficiary shall be notarized unless the endorsement is made by an attorney acting as guardian ad litem for such beneficiary. This bill is a recommendation of the Boyd-Graves Conference.

Current Bill Text

Read the full stored bill text

An Act to amend and reenact §
8.01-55
of the Code of Virginia, relating to compromise of claim for death by wrongful act; approval without a hearing.
Be it enacted by the General Assembly of Virginia:
1. That §
8.01-55
of the Code of Virginia is amended and reenacted as follows:
§
8.01-55
. Compromise of claim for death by wrongful act.
The personal representative of the deceased may compromise any claim to damages arising under or by virtue of §
8.01-50
, including claims under the provision of a liability insurance policy, before or after an action is brought, with the approval of the court in which the action was brought, or if an action has not been brought, with the consent of any circuit court. Such approval may be applied for on petition to such court, by the personal representative, or by any potential defendant, or by any interested insurance carrier. If a potential defendant or any insurance carrier petitions the court for approval, the personal representative shall be made a party to the proceeding. The petition shall state the compromise, its terms and the reason therefor. The court shall require the convening of the parties in interest in person or by their authorized representative, but it shall not be necessary to convene grandchildren whose living parents are made parties to the proceeding. The parties in interest shall be deemed to be convened if each such party (i) endorses the order by which the court approves the compromise or (ii) is given notice of the hearing and proposed compromise as provided in §
8.01-296
if a resident of the Commonwealth or as provided in §
8.01-320
if a nonresident, or is otherwise given reasonable notice of the hearing and proposed compromise as may be required by the court.
Upon agreement to and endorsement of an approval order by all parties in interest, including any guardian ad litem appointed for any such party in interest, the court may approve the proposed compromise without a hearing unless the court deems it necessary to hold such a hearing. The endorsement of an approval order by a beneficiary identified pursuant to §
8.01-53
shall be notarized before submission to the court unless such endorsement is made by an attorney licensed to practice law in the Commonwealth who is acting as a guardian ad litem for such beneficiary.
If the court approves the compromise, and the parties in interest do not agree upon the distribution to be made of what has been or may be received by the personal representative under such compromise, or if any of them are incapable of making a valid agreement, the court shall direct such distribution as a jury might direct under §
8.01-52
as to damages awarded by them. In other respects, what is received by the personal representative under the compromise shall be treated as if recovered by him in an action under §
8.01-52
.