A suit instituted under this article shall abate by reason of the death of the person under a disability unless a sale, exchange, lease, encumbrance, redemption, or other disposition of real estate has been confirmed by a decree in such suit.
§ 8.01-72.When death to abate such suit.
Chapter 3. Actions · Article 8. Actions for the Sale, Lease, Exchange, Redemption and Other Disposition of · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-72 provides that a suit brought under Article 8 abates when the person under a disability dies, unless the court has already entered a decree confirming a sale, exchange, lease, encumbrance, redemption, or other disposition of the real estate.
Full Text of § 8.01-72
Plain-English Summary
This section answers what happens to a pending Article 8 suit if the person under a disability dies before it concludes. As a rule, the death ends the suit — it abates, meaning the proceeding cannot continue as filed.
The exception is narrow but decisive: if a decree confirming the sale, exchange, lease, encumbrance, redemption, or other disposition has already been entered before death, the suit survives that confirmation. The dividing line is confirmation, not a hearing, a ruling on the merits, or an unconfirmed sale.
Frequently Asked Questions
Does a pending Article 8 suit end automatically when the disabled person dies?
Yes, unless a decree confirming the sale, exchange, lease, encumbrance, redemption, or other disposition of the real estate was already entered before death.
What counts as the event that prevents abatement?
Entry of a decree confirming the disposition — not a hearing or an informal agreement on terms.
What happens to the property if the suit abates?
The section does not resolve that question; it only states that the suit itself abates. The property passes according to whatever rules of descent, distribution, or estate administration otherwise apply.
Does this section apply to every kind of relief available under Article 8?
Yes. It lists the same range of dispositions found elsewhere in the article — sale, exchange, lease, encumbrance, redemption, or other disposition — and applies the abatement rule to all of them alike.
Can the suit be revived after abatement?
Section 8.01-72 does not address revival; it states only the abatement rule itself and its confirmation exception.
Amendment History
Code 1950, § 8-678; 1952, c. 360; 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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