§ 8.01-79.Same; reference of petition to commissioner.
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 8.01-79 lets the court refer a § 8.01-78 petition to a commissioner in chancery or a special commissioner, who must investigate, notify and hear all interested parties, and report back promptly.
Full Text of § 8.01-79
Text size
On the presenting of such petition it may be referred to a commissioner in chancery or to a special commissioner appointed by the court, to inquire into and report upon the matters therein contained, whose duty it shall be to make
such inquiry, to give notice to and hear all parties interested in such real estate and to report thereon with all convenient speed.
Plain-English Summary
This section picks up where § 8.01-78 leaves off, once the fiduciary has filed the petition. The court has the option — not the obligation — to refer the petition to a commissioner in chancery or to a special commissioner it appoints for the purpose.
Whichever commissioner takes the referral carries specific duties: investigate the matters the petition raises, give notice to and hear everyone interested in the real estate, and report the findings back to the court with all convenient speed.
Frequently Asked Questions
Does every § 8.01-78 petition have to go through a commissioner?
No. The court “may” refer the petition to a commissioner in chancery or a special commissioner — the referral is discretionary, not mandatory.
What must the commissioner do once a petition is referred?
Investigate the matters the petition raises, give notice to and hear all parties interested in the real estate, and report on the inquiry with all convenient speed.
Who can serve as the commissioner under this section?
Either a commissioner in chancery or a special commissioner the court appoints for that purpose.
Does the commissioner decide whether the sale, lease, or mortgage happens?
No. The commissioner investigates and reports; § 8.01-80 governs how the court acts on that report.
Who is entitled to notice from the commissioner?
Everyone interested in the real estate that is the subject of the petition.
Amendment History
Code 1950, § 8-689.2; 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:commissioner in chancery petition virginia8.01-79 virginiareferring petition to special commissioner virginiareporting on sale of disabled person's real estate virginia