When the officer and his deputy who acted in making the sale have both died or removed from the Commonwealth before making such deed, the same may be executed by any successor of such officer.
§ 8.01-208.When successor of officer to make deed.
Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-208 lets a successor officer execute the deed to a purchaser if both the original officer and the deputy who conducted the sale die or leave Virginia before the deed is made.
Full Text of § 8.01-208
Plain-English Summary
Section 8.01-208 fills a gap left when the officer responsible for completing a Section 8.01-207 deed is no longer available. If both the officer who conducted the sale and the deputy who acted for him die, or move away from the Commonwealth, before the deed conveying the land to the purchaser is made, the deed does not go undone.
The section lets any successor to that officer execute the deed in his place. The purchaser’s right to receive a valid deed survives a change in who holds the office, so a sale is not left incomplete just because the individuals who conducted it are no longer around to finish the paperwork.
Frequently Asked Questions
What happens if the officer who ran the sale dies before signing the deed?
The deed can still be completed — Section 8.01-208 lets a successor of that officer execute it, as long as the deputy who acted in the sale has also died or left Virginia.
Does the deputy who assisted with the sale have any authority to step in?
The section addresses the situation where both the officer and the deputy who acted in making the sale are gone — in that case, it is the officer’s successor, not the deputy, who steps in.
Who can execute the deed if both the officer and deputy are gone?
Any successor of the officer who conducted the sale.
Does moving out of Virginia have the same effect as dying, for this section?
Yes. Section 8.01-208 treats an officer or deputy who removed from the Commonwealth the same as one who has died, for purposes of letting a successor make the deed.
Does this delay affect the purchaser’s right to eventually receive the deed?
No. The purchaser’s right to a completed deed is preserved — a successor officer steps in to finish it.
Amendment History
Code 1950, § 8-771; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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