VirginiaHB3072026 Regular SessionHouse

Administration of estates; claims against decedent or estate.

Sponsored By: Karen R. "Kacey" Carnegie (Democratic)

Became Law

Summary

Administration of estates; claims against decedent or estate. Creates a procedure by which the personal representative of an estate may provide notice to all persons having a claim against a decedent or decedent's estate.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Stronger protections for estate personal representatives

If the personal representative acts in good faith and follows this law or a court order, they are not personally liable for creditor demands. Good‑faith compliance with the creditor‑notice rules shields them from pre‑death creditor claims. If a claim is late, their liability (and any surety’s) is capped at the estate assets still in their hands when payment is demanded. They are also protected for early distributions if they contacted any known surviving spouse about renouncing and have no written will‑challenge notice. They are not liable for giving notice they thought was required or for a good‑faith failure to give notice.

Court review and refund rules for estates

After six months of service and filing required reports, the court can order creditors to show cause before paying heirs. The order is published once a week for two weeks, and the requester pays the publication cost. On or after the set day, the court may order payments and may require refunding bonds or waive them. If a disputed claim appears after notice but before payout, the court must wait 10 days and a hearing is set if the claimant chooses to proceed. If you received money or property, you can be sued within five years to refund a fair share for allowed claims. If the personal representative pays out before the one‑year period ends, recipients must give refunding bonds without surety.

New creditor notice and claim deadlines for estates

This law sets clear rules for creditor claims against an estate. It defines what counts as a claim and excludes items like mortgages, government tax claims, real estate warranty claims, and heirs’ shares. The personal representative must publish notice once a week for two weeks and mail or deliver copies to known or findable disputed creditors. The notice must list contacts and a deadline: the later of six months after first publication or 90 days after mailing or delivery. Claims must be in writing and can be delivered in person or by registered or certified mail to the personal representative, or filed with the commissioner of accounts, who date‑stamps the filing. Timely filing with the commissioner, or timely presentation to the personal representative, pauses the time limit to sue while the commissioner’s process is pending. Within 30 days after publishing and mailing, the personal representative files an affidavit proving notice.

Sponsors & Cosponsors

Sponsor

  • Karen R. "Kacey" Carnegie

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 221 • No: 0

Senate vote 3/10/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/5/2026

Reported from Courts of Justice

Yes: 14 • No: 0

House vote 2/3/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote 1/28/2026

Reported from Courts of Justice

Yes: 19 • No: 0

House vote 1/26/2026

Subcommittee recommends reporting

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0382)

    4/8/2026Governor
  2. Approved by Governor-Chapter 382 (effective 7/1/2026)

    4/8/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  4. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  5. Signed by Speaker

    3/31/2026House
  6. Bill text as passed House and Senate (HB307ER)

    3/30/2026House
  7. Enrolled

    3/30/2026House
  8. Signed by President

    3/30/2026Senate
  9. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/10/2026Senate
  10. Read third time

    3/10/2026Senate
  11. Passed by for the day Block Vote (Voice Vote)

    3/9/2026Senate
  12. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/9/2026Senate
  13. Rules suspended

    3/9/2026Senate
  14. Reported from Courts of Justice (14-Y 0-N)

    3/5/2026Senate
  15. Referred to Committee for Courts of Justice

    2/4/2026Senate
  16. Constitutional reading dispensed (on 1st reading)

    2/4/2026Senate
  17. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/3/2026House
  18. Read second time and engrossed

    2/2/2026House
  19. Read first time

    1/30/2026House
  20. Reported from Courts of Justice (19-Y 0-N)

    1/28/2026House
  21. Subcommittee recommends reporting (10-Y 0-N)

    1/26/2026House
  22. Assigned HCJ sub: Civil

    1/22/2026House
  23. Referred to Committee for Courts of Justice

    1/9/2026House
  24. Prefiled and ordered printed; Offered 01-14-2026 26103488D

    1/9/2026House

Bill Text

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