Code of Virginia - Title 64.1 Wills And Decedents' Estates - Section 64.1-178 When fiduciaries are protected by refunding bonds

§ 64.1-178. When fiduciaries are protected by refunding bonds

If any personal representative pay any legacy given by the will or distribute any of the estate of his decedent and there be filed in the proper clerk's office a proper refunding bond for what is so paid or distributed, with security therein sufficient at the time of taking it, such personal representative shall not, on account of what is so paid or distributed, be personally liable for any debt or demand against the decedent, whether it be of record or not, unless, within six months from his qualification or before such payment or distribution, he shall have had notice of such debt or demand; but if any creditor of the decedent thereafter establish his debt or demand by judgment or decree therefor or by its being allowed in a commissioner's report which is confirmed, a suit may be maintained on such refunding bond, in the name of the obligee, or his personal representative, for the benefit of such creditor, and a recovery shall be had thereon to the same extent that would have been had if such obligee or his personal representative had satisfied such debt or demand.

(Code 1950, § 64-168; 1968, c. 656.)

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Last modified: April 3, 2009