Chapter 3. Actions · Article 8. Actions for the Sale, Lease, Exchange, Redemption and Other Disposition of · Last amended 1983 · Last verified July 16, 2026
In one sentenceSection 8.01-69 lets a fiduciary or any other interested person start an Article 8 proceeding by bill in equity, and requires that the person under a disability, the fiduciary, the prospective heirs or distributees, and everyone else with an interest in the property be named defendants unless they are already plaintiffs.
Full Text of § 8.01-69
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Any of the relief specified in this article may be sought by bill in equity filed by a fiduciary, as defined in this article, or by any other person having an interest in the subject matter of the proceedings. A person under a disability, fiduciary, all those who would be the heirs or distributees of the defendant person under disability if he had died at
the time of the commencement of this proceeding, except as provided in § 8.01-78, and all other persons interested in the subject matter of the proceeding, shall be made parties defendant when not parties plaintiff.
Plain-English Summary
This section spells out who may sue and who must be sued. Either a fiduciary, as Article 8 defines that term, or any other person with an interest in the property at issue may file the bill in equity that starts the proceeding.
The defendant side of the caption is broader. It must include the person under a disability, the fiduciary, and everyone who would inherit or take a distributive share from that person had he died at the moment the proceeding began — with one carve-out: the exception in § 8.01-78 for the alternate procedure covering a fiduciary’s petition to sell property for debts or maintenance. Beyond that circle of prospective heirs, the section sweeps in every other person interested in the subject matter, so long as that person is not already a plaintiff.
Frequently Asked Questions
Who can start a proceeding under Article 8?
A fiduciary, as defined for this article, or any other person who has an interest in the subject matter of the proceeding, may file the bill in equity.
Who has to be named as a defendant?
The person under a disability, the fiduciary, everyone who would be that person’s heir or distributee had he died when the proceeding began, and every other person interested in the subject matter — as long as they are not already named as a plaintiff.
Do prospective heirs always have to be made parties?
Not always. Section 8.01-78’s alternate procedure for a fiduciary’s petition to sell property for debts or maintenance is exempted, so those prospective heirs need not be joined in that kind of proceeding.
What determines who counts as an “heir or distributee” for this purpose?
The people who would inherit or take a distributive share of the person under a disability’s estate if that person had died at the moment the proceeding was commenced — a hypothetical snapshot, not the actual date of any later death.
Can the fiduciary be both a plaintiff and a required defendant?
No — the section only requires joining interested persons as defendants “when not parties plaintiff,” so a fiduciary who files as plaintiff is not also named as a defendant.
Amendment History
Code 1950, § 8-676; 1952, c. 360; 1972, c. 361; 1973, c. 338; 1977, c. 617; 1983, c. 459.
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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