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Douglas v. Chesterfield County Police Department3/1/1996
36 (executor without power until qualification). There is nothing in the language of § 8.01-229(B)(6) indicating the legislative intent to eliminate the necessity of a personal representative having qualified at the time an action is filed or to relate a later qualification back to the date of the filing.
Here, Mrs. Douglas did not qualify as personal representative until after she filed her federal action, when all applicable limitationsand extensions had expired. Hence, she was not a proper party to file the action, and her qualification did not relate back and validate the filing of the federal action.
Certified question answered
in the negative.
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