8.01-78 - Alternate procedure for sale of real estate of person under disability. - Virginia Statutes

§ 8.01-78. Alternate procedure for sale of real estate of person underdisability.

If the personal estate of any person under a disability for whom a fiduciaryhas been appointed under any of the provisions of Title 37.2, be insufficientfor the discharge of his debts or if the personal estate or residue thereofafter payment of debts and the rents and profits of his real estate beinsufficient for his maintenance and that of his family, if any, thefiduciary of his estate may petition a circuit court for authority tomortgage, lease or sell so much of the real estate of such person as may benecessary for the purposes aforesaid, or any of them, setting forth in thepetition the particulars and amount of the estate, real and personal, and astatement of the application of any personal estate, and debts and demandsexisting against the estate. Those persons who would be heirs or distributeesof the person under a disability if he had died at the time of commencementof the proceeding need not be made parties defendant to a proceeding pursuantto this section.

(Code 1950, § 8-689.1; 1952, c. 360; 1977, c. 617; 1983, c. 459.)