An administrator may be appointed in any case in which it is represented that either a civil action for personal injury or death by wrongful act, or both, or property damage arising within the Commonwealth is contemplated against or on behalf of the estate or the beneficiaries of the estate of a resident or nonresident of the Commonwealth who has died within or outside the Commonwealth if at least 60 days have elapsed since the decedent's death and an executor or administrator of the estate has not been appointed under § 64.2-500 or 64.2-502, solely for the purpose of prosecution or defense of any such actions, by the clerk of a circuit court. An administrator appointed pursuant to this section may prosecute and defend actions for personal injury, death by wrongful act, and property damage.
If a fiduciary has been appointed in a foreign jurisdiction, the fiduciary may qualify as administrator. The appointment of a fiduciary in a foreign jurisdiction shall not preclude a resident or nonresident from qualifying as an administrator for the purposes of maintaining a wrongful death action pursuant to § 8.01-50 or a personal injury action in the Commonwealth.
A resident and nonresident may be appointed as coadministrators.
1970, c. 475, § 64.1-75.1; 2001, c. 376; 2003, c. 265; 2012, c. 614; 2014, c. 528; 2015, cc. 124, 129, 130; 2024, cc. 50, 340; 2026, c. 870.
Notes of Decisions
Cited in
9
cases (
7 in the last 5 years), 2015–2025 · leading case:
In re: Woodley, 777 S.E.2d 560 (Va. 2015).
In re: Woodley, 777 S.E.2d 560 (Va. 2015).
· cites it 2× “01-424 (judicial approval of settlements involving persons under a disability); Code § 64.2-454 (appointment of administrator "solely for the purpose of prosecution or defense" of personal injury or wrongful death actions).”
Debra K. Clutteur v. Nancy C. Rosier (Va. Ct. App. 2023).
· cites it 14× “On September 8, 2021, Rosier, by insurance counsel acting in the name of Rosier, filed a plea-in-bar, contending that Clutteur’s originally filed complaint against a deceased defendant, 6 As relevant to this case, Code § 64.2-454 authorizes the appointment of an administrator…”
Zachary Grady, etc. v. Joan L. Blackwell, etc. (Va. Ct. App. 2024).
· cites it 4× “” Code § 64.2-454 (emphasis added). But “[t]he appointment of a fiduciary in a foreign jurisdiction shall not preclude a resident or nonresident from qualifying as an administrator for the purposes of maintaining a wrongful death action -7- pursuant to § 8.”
Lapp v. The United States of Am. (E.D. Va. 2023).
· cites it 3× “This argument has no merit because Plaintiff was lawfully appointed pursuant to Va. Code § 64.2-454. That statute provides for appointment of an administrator by a Virginia circuit court “solely for the purpose of prosecution or defense” of a wrongful death suit arising within…”
Van Emburgh v. United States (E.D. Va. 2022).
· cites it 2× “Van Emburgh’s Estate under Virginia Code § 64.2-454. DEX 4 (Circuit Court Order).”
In re: Woodley (Va. 2015).
· cites it 2× “1808), the English common law case relied upon for the statement that wrongful death actions were disallowed, “was based on neither precedent nor logic”).”
Ferguson v. Blackwell (W.D. Va. 2025).
“§ 64.2-454. Because Adams had already been appointed as the administrator of the estate when Jackson was appointed, Jackson’s appointment violates Virginia law as applied by the Supreme Court of Virginia and is therefore invalid.”
Watson (E.D. Va. 2025).
“§ 64.2-454. Only a qualified representative has legal capacity to sue on behalf of the decedent’s estate.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.