§ 64.1-185. Heir or devisee liable in equity only; judgment against representative as evidence; recording notic...
An heir or devisee may be sued in equity by the personal representative or any creditor to whom a claim is due for which the estate descended or devised is liable, or for which the heir or devisee is liable in respect to such estate; and he shall not be liable to an action at law for any matter for which there may be redress by such suit in equity. And any judgment or decree for such claim hereafter rendered against the personal representative of the decedent shall be prima facie evidence of the claim against the heir or devisee in such suit in equity. In any suit by the personal representative or any creditor pursuant to this chapter, he shall record a notice of lis pendens as required by § 8.01-268, at the time of filing such suit. The personal representative or creditor, as the case may be, shall show to the satisfaction of the court that there is not sufficient personal assets in the estate to satisfy all claims against the estate.
(Code 1950, § 64-174; 1968, cc. 515, 656.)
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