§ 64.1-179. Order to creditors to show cause against distribution of estate to legatees or distributees; their ...
When a report of the accounts of any personal representative and of the debts and demands against his decedent's estate has been filed in the office of a clerk of a court, whether under §§ 64.1-171 and 64.1-172 or in a civil action, the court, after six months from the qualification of the personal representative, may, on motion of the personal representative, or a successor or substitute personal representative, or on motion of a legatee or distributee of his decedent, make an order for the creditors and all other persons interested in the estate of the decedent to show cause on some day to be named in the order against the payment and delivery of the estate of the decedent to his legatees or distributees. A copy of the order shall be published once a week for two successive weeks, in one or more newspapers, as the court directs. On or after the day named in the order, the court may order the payment and delivery to the legatees or distributees of the whole or a part of the money and other estate not before distributed, with or without a refunding bond, as it prescribes. However, every legatee or distributee to whom any such payment or delivery is made, and his representatives, may, in a suit brought against him within five years afterward, be adjudged to refund a due proportion of any claims enforceable against the decedent or his estate which have been finally allowed by the commissioner of accounts or the court, or which were not presented to the commissioner of accounts, and the costs attending their recovery. In the event any claim shall become known to the fiduciary after the notice for debts and demands but prior to the entry of an order of distribution, the claimant, if the claim is disputed, shall be given notice in the form provided in § 64.1-171 and the order of distribution shall not be entered until after expiration of 10 days from the giving of such notice. If the claimant shall, within such 10-day period, indicate his desire to pursue the claim, the commissioner shall schedule a date for hearing the claim and for reporting thereon if action thereon is contemplated under § 64.1-171.
Any such personal representative who has in good faith complied with the provisions of this section and has, in compliance with or, as subsequently approved by, the order of the court, paid and delivered the money or other estate in his hands to whomsoever the court has adjudged entitled thereto shall be fully protected against the demands of creditors and all other persons.
Any such personal representative who has in good faith complied with the provisions of this section and has, in compliance with, or as subsequently approved by, the order of the court, paid and delivered the money or other estate in his hands to whomsoever the court has adjudged entitled thereto, even if such distribution shall be prior to the expiration of the period of one year provided in § 64.1-13, 64.1-89, 64.1-96 or 64.1-151.5, shall be fully protected against the demands of spouses, persons seeking to impeach the will or establish another will, or purchasers of real estate from the personal representative, provided that the personal representative shall have contacted any surviving spouse known to it having rights of renunciation and ascertained that he had no plan to renounce the will, such intent to be stated in writing in the case of renunciation under § 64.1-13, and that the personal representative shall not have been notified in writing of any person's intent to impeach the will or establish a later will in the case of persons claiming under § 64.1-89 or 64.1-96 or under a later will.
In the case of such distribution prior to the expiration of such one-year period, the personal representative shall take refunding bonds, without surety, to the next of kin or legatees to whom distribution is made, to protect against the contingencies specified in this and the preceding paragraphs. The cost of such publication shall be paid by the petitioner or applicant.
(Code 1950, § 64-169; 1966, c. 335; 1968, c. 656; 1980, c. 439; 1982, c. 588; 1989, c. 492; 1991, c. 527; 1996, c. 352; 2005, c. 681.)
Sections: Previous 64.1-167 64.1-168 64.1-169 64.1-170 64.1-171 64.1-172 64.1-173 64.1-174 64.1-175 64.1-176 64.1-177 64.1-178 64.1-179 64.1-180 64.1-180.1 NextLast modified: April 16, 2009