§ 64.1-166. Transfer of assets to administrator de bonis non; effect thereof
A. When the powers of a personal representative have ceased and there is an administrator de bonis non of the decedent's estate, it shall be lawful, with the consent of the court in which or before whose clerk the administrator de bonis non qualified, for the personal representative to pay and deliver to such administrator de bonis non the assets of the decedent, whether converted or not, for which such former personal representative is responsible; but such consent shall not be given unless the administrator de bonis non has given, or gives, a bond sufficient to cover the additional assets, to be paid or delivered to him. The administrator de bonis non shall administer the same as assets received in due course of administration and his receipt therefor shall be a voucher in the settlement of the accounts of the former personal representative and shall exempt such personal representative from all liability for the assets lawfully paid over and delivered.
B. The administrator de bonis non shall be authorized to bring suit against such former personal representative or his estate for mismanagement or to compel the payment and delivery to him of such assets of the decedent as were wrongfully converted by the former personal representative.
C. Nothing contained in this section shall be construed as exempting such former personal representative and his sureties from liability for any breach of duty committed by him with respect to such assets before they were paid over and delivered to the administrator de bonis non by him, or to bar the beneficiaries, creditors or any other parties in interest from bringing any action which they might otherwise have against the former personal representative arising out of his acts or omissions.
(Code 1950, § 64-156; 1968, c. 656; 1991, c. 58.)
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