§ 8.01-111.What such deed to show.
Chapter 3. Actions · Article 11. General Provisions for Judicial Sales · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-111
Plain-English Summary
Section 8.01-111 tells a special commissioner what a deed executed under Section 8.01-110 needs to say. The deed must specifically set out, as nearly as practicable, the name of the person on whose behalf it is executed — so anyone examining the title later can trace exactly whose interest passed. When the deed conveys the right, title, or interest of the heirs of someone who has died, the deed does not need to name each heir individually; it is enough to state that it is executed on behalf of the decedent’s heirs.
The section also softens the consequences of getting this wrong. A failure to comply with the naming requirement does not affect or invalidate the deed. And any deed executed by a commissioner before this requirement applied, which failed to specifically set out the persons or heirs on whose behalf it was made, is expressly validated.
Frequently Asked Questions
What must a special commissioner’s deed say about who it benefits?
It must specifically set out, as nearly as practicable, the name of the person on whose behalf the deed is executed.
Do I have to name every individual heir if the property passes to a deceased owner’s heirs?
No. It is sufficient for the deed to state that it is executed on behalf of the heirs of the decedent, without naming each one.
Does a deed become invalid if the commissioner forgot to name the person it was executed for?
No. Section 8.01-111 specifically says a failure to comply with this naming requirement does not affect or invalidate the deed.
What about old deeds that never named the person on whose behalf they were executed?
The section validates them — deeds previously executed by a commissioner without specifically setting out the persons or heirs are validated by this provision.
Why does the naming requirement matter if noncompliance does not void the deed?
It creates a clear paper trail for title examiners, even though the legislature chose not to punish a clerical omission with invalidation.
Amendment History
Code 1950, § 8-671; 1977, c. 617.