Virginia Code

Va. Code Ann. § 64.2-100 (2026)

Definitions

✓ current as of May 2026

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As used in this title, unless the context otherwise requires:

"Bona fide purchaser" means a purchaser of property for value who has acted in the transaction in good faith. Notice of a seller's marital status, or notice of the existence of a premarital or marital agreement, does not affect the status of a bona fide purchaser. A "purchaser" is one who acquires property by sale, lease, discount, negotiation, mortgage, pledge, or lien or who otherwise deals with property in a voluntary transaction, other than a gift. A purchaser gives "value" for property acquired in return for a binding commitment to extend credit to the transferor or another as security for or in total or partial satisfaction of a pre-existing claim, or in return for any other consideration sufficient to support a simple contract.

"Fiduciary" includes a guardian, committee, trustee, executor, conservator, or personal representative.

"Personal representative" includes the executor under a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent.

"Trustee" means a trustee under a probated will or an inter vivos trust instrument.

"Will" includes any testament, codicil, exercise of a power of appointment by will or by a writing in the nature of a will, or any other testamentary disposition.

Code 1950, § 64-47; 1968, c. 656, § 64.1-45; 1992, cc. 617, 647, § 64.1-01; 2012, c. 614.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2015–2025 · leading case: In re: Woodley, 777 S.E.2d 560 (Va. 2015).

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In re: Woodley, 777 S.E.2d 560 (Va. 2015). · cites it 2× “See also Code § 1-234 (defining "personal representative" as including "the executor of a will or the administrator of the estate of a decedent"); Code § 8.”

Ennis v. Poe (W.D. Va. 2023). · cites it 3× “See Va. Code §§ 64.2-100, 1–234; Bartee v. Vitocruz, 758 S.”

Watson (E.D. Va. 2025). · cites it 2× “§ 64.2-100. A plaintiff may qualify as the administrator for the purpose of bringing an action on behalf of the decedent’s estate.”

In re Est. of McKagen, 90 Va. Cir. 118 (Fairfax Cir. Ct. 2015). · cites it 3× “Va. Code § 64.2-100. In addition to the requirements for having a holographic testamentary document, the document must also show that the testator meant for the document to have testamentary effect.”

In re: Woodley (Va. 2015). · cites it 2× “01-2 (defining “fiduciary” as including an “executor” or “administrator”); Code § 64.2-100 (including “personal representative” in the definition of “fiduciary”); Pls.”

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