Wills, trusts, and fiduciaries; revising and recodifying laws. (SB115)

Introduced By

Sen. Ryan McDougle (R-Mechanicsville)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Revision of Title 64.1.  Creates proposed Title 64.2 (Wills, Trusts, and Fiduciaries) as a revision of existing Titles 26 (Fiduciaries Generally), 31 (Guardian and Ward), and 64.1 (Wills and Decedents' Estates), as well as portions of Titles 37.2 (Behavioral Health and Developmental Services) and 55 (Property and Conveyances). Proposed Title 64.2 consists of 27 chapters divided into five subtitles: Subtitle I (General Provisions); Subtitle II (Wills and Decedents' Estates); Subtitle III (Trusts); Subtitle IV (Fiduciaries and Guardians); and Subtitle V (Provisions Applicable to Probate and Nonprobate Transfers). Subtitle I consists of title-wide definitions and provisions that are broadly applicable to wills, trusts, and fiduciaries. Subtitle II addresses the descent of property either through intestate succession or by will, including nonprobate transfers. Subtitle III contains various uniform acts enacted in Virginia dealing with the creation and management of trusts. Subtitle IV deals with various fiduciary relationships, including powers of attorney, guardianships of minors and incapacitated adults, and the commissioners of accounts. Subtitle V contains provisions that are applicable to both probate and nonprobate transfers.


Bill Has Passed


01/09/2012Prefiled and ordered printed; offered 01/11/12 12103113D
01/09/2012Referred to Committee for Courts of Justice
01/16/2012Reported from Courts of Justice with amendments (14-Y 0-N) (see vote tally)
01/17/2012Reconsideration of passage agreed to by Senate (40-Y 0-N) (see vote tally)
01/17/2012Constitutional reading dispensed (38-Y 0-N) (see vote tally)
01/17/2012Motion to reconsider reading dispensed agreed to (40-Y 0-N) (see vote tally)
01/17/2012Constitutional reading dispensed (40-Y 0-N) (see vote tally)
01/18/2012Read second time
01/18/2012Reading of amendments waived
01/18/2012Committee amendments agreed to
01/18/2012Engrossed by Senate as amended SB115E
01/18/2012Printed as engrossed 12103113D-E
01/19/2012Read third time and passed Senate (40-Y 0-N) (see vote tally)
02/13/2012Placed on Calendar
02/13/2012Read first time
02/13/2012Referred to Committee for Courts of Justice
02/16/2012Assigned Courts sub: #2 Civil
02/27/2012Subcommittee recommends reporting (8-Y 0-N)
02/27/2012Reported from Courts of Justice (18-Y 0-N) (see vote tally)
02/29/2012Read second time
03/01/2012Read third time
03/01/2012Passed House BLOCK VOTE (99-Y 0-N)
03/01/2012VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
03/15/2012Bill text as passed Senate and House (SB115ER)
03/15/2012Signed by Speaker
03/17/2012Signed by President
03/19/2012Impact statement from DPB (SB115ER)
04/04/2012G Approved by Governor-Chapter 614 (effective 10/1/12)
04/04/2012G Acts of Assembly Chapter text (CHAP0614)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 45 seconds.


VACOLAO, tracking this bill in Photosynthesis, notes:

VACOLAO supports language in this bill that says that a person should not be denied an inheritance because they are or have been an "alien."