If upon the filing of the report and examination of the matter it shall appear to the court to be proper, an order shall be entered for the mortgaging, leasing, or sale, on such terms and conditions as the court may deem proper, of so much of such real estate as may be necessary; but no conveyance shall be executed until such shall have been confirmed by the court. The proceeds of such transactions shall be secured and applied under the order of the court.
§ 8.01-80.Same; action of court on report; application of proceeds of transaction.
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 8.01-80 lets the court, once it reviews the commissioner’s report, order the mortgage, lease, or sale of a disabled person’s real estate on terms it sets, withholds any conveyance until it confirms the transaction, and directs that the proceeds be secured and applied under its order.
Full Text of § 8.01-80
Plain-English Summary
This section closes out the alternate procedure that began with the fiduciary’s petition under § 8.01-78 and the commissioner’s investigation under § 8.01-79. If the report and the court’s own examination of the matter show that mortgaging, leasing, or selling the real estate is proper, the court enters an order authorizing it on terms and conditions the court considers proper, limited to as much real estate as necessary.
Two safeguards follow the order. No conveyance may be executed until the court confirms the transaction, and the proceeds — whatever form the transaction takes — are secured and applied only under the court’s order.
Frequently Asked Questions
What has to happen before the court can order a mortgage, lease, or sale under this section?
The commissioner’s report must be filed and the court must examine the matter and find that the transaction is proper.
Can the property be conveyed as soon as the court enters its order?
No. No conveyance can be executed until the court confirms the transaction, even after the order authorizing it has been entered.
Who controls what happens to the proceeds of the transaction?
The court. The proceeds are secured and applied only under the court’s order, not at the fiduciary’s discretion.
How much of the real estate can the court authorize for mortgage, lease, or sale?
Only so much as may be necessary for the purposes set out in § 8.01-78’s petition — covering debts or the maintenance of the person under a disability and any family.
Does the court have to accept the commissioner’s recommendation?
The statute requires the court to examine the matter itself; the order issues only if it “appear[s] to the court to be proper,” which leaves the court’s own judgment, not just the report, as the deciding factor.
Amendment History
Code 1950, § 8-689.3; 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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