A judgment may be obtained against the survivors of a deceased obligor of a bond taken under the provisions of § 8.01-206 by an action at law against the personal representative of such obligor.
§ 8.01-210.Judgment against deceased obligors.
Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-210 lets the Commonwealth pursue a deceased purchase-money bond obligor’s estate directly, through an action at law against the personal representative, to collect what the obligor owed.
Full Text of § 8.01-210
Plain-English Summary
Section 8.01-210 addresses what happens when one of the obligors on a Section 8.01-206 purchase-money bond dies before the debt is collected. Rather than leaving that share of the debt uncollectible, the Commonwealth can obtain a judgment against the survivors of the deceased obligor by bringing an action at law against the personal representative of the deceased obligor’s estate.
This works alongside Section 8.01-209, which lets the Commonwealth execute directly on the bond against obligors who are still living. A death among the obligors does not shrink the pool of people ultimately responsible for the purchase money — it shifts how that particular obligor’s share is pursued, through the ordinary mechanism of an action against the estate’s personal representative.
Frequently Asked Questions
What happens if one of the people who signed the purchase-money bond has died?
The Commonwealth can obtain a judgment against the deceased obligor’s estate through an action at law against the personal representative, rather than losing the ability to collect that obligor’s share.
How does the Commonwealth collect from a deceased obligor’s estate?
By bringing an action at law against the personal representative of that obligor’s estate.
Does this affect the liability of the surviving obligors on the same bond?
No. Section 8.01-209 continues to let the Commonwealth execute directly on the bond against obligors who are still alive; this section only addresses the deceased obligor’s share.
Is this a fresh execution or a new lawsuit?
It is an action at law brought against the personal representative, distinct from the direct execution available against living obligors under Section 8.01-209.
Who stands in for the deceased obligor in this kind of action?
The personal representative of the deceased obligor’s estate.
Amendment History
Code 1950, § 8-773; 1954, c. 550; 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
Also known as: deceased obligor purchase money bond virginiaaction against personal representative virginia commonwealthestate liable for bond virginia execution8.01-210 explainedsurviving obligors bond commonwealth virginia