Chap. 439.—An ACT to amend and reenact Section 109 of the Tax Code of
Virginia, as heretofore amended, in relation to inheritance tax liens and
enforcement of collection of inheritance taxes. [H 495]

Approved April 1, 1948

Be it enacted by the General Assembly of Virginia:

1. That section one hundred and nine of the Tax Code of Virginia,
as heretofore amended, be amended and reenacted so as to read as
follows :

Section 109. Lien; manner of enforcing payment.—Property of
which a decedent dies seized or possessed subject to taxes as aforesaid,
in whatever form of investment it may happen to be, and all property
acquired in substitution therefor, shall be charged with a lien for all
taxes and interest thereon which are or may become due on such pro-
perty; but said lien shall not affect any personal property after the
same has been sold or disposed of to a bona fide purchaser for value by
the executors, administrators or trustees; and as to any parcel of real
estate, the said lien shall expire by limitation upon the expiration of
ten years after the death of the decedent in every case in which there has
been no assessment of inheritance tax in the meantime, and such parcel
of real estate has been sold in the meantime by the heirs or devisees
of the decedent, or their successors in title, to a bona fide purchaser for
value; or if such parcel of real estate is sold by the heirs or devisees
of the decedent, or their successors in title, to a bona fide purchaser for
value after the expiration of ten years after the death of the decedent and
there has been no assessment of inheritance tax up to the date of such
sale, such parcel of real estate shall be thereupon discharged of such
lien. The lien charged by this chapter upon any real estate or separate
parcel thereof may be discharged by the payment of the taxes due and
to become due upon said real estate or separate parcel, or by an order
or decree of the court discharging said lien and securing the payment
to the Commonwealth of the taxes due or to become due by bond or
deposit. If the taxes are not paid within thirty days after they shall have
become due, the Department of Taxation shall issue a warrant for the
collection of the same to the sheriff of the county or the sergeant of the
city in which any property belonging to the estate is located, and the
sheriff or sergeant shall immediately levy upon and sell so much of the
said property, real or personal, as shall be sufficient to pay the taxes
and expenses of sale including the regular sheriff's or sergeant’s fees
for sale of property under an execution, or he may rent or lease any pro-
perty charged with taxes for cash sufficient to pay the amount of taxes
due, expenses and fees,

This section, as hereby amended, shall apply to the estates of persons
who have heretofore died as well as to estates of persons who shall
hereafter die.