§ 64.1-171. Proceedings for receiving proof of debts by commissioners
Any commissioner of accounts who has for settlement the accounts of a personal representative of a decedent shall when requested to so do by a personal representative or any creditor, legatee or distributee of a decedent, or may at any other time determined by the commissioner, even though no accounting is pending, appoint a time and place for receiving proof of debts and demands against the decedent or his estate. The commissioner shall publish notice thereof once in some newspaper of general circulation in the county or city wherein the fiduciary qualified at least ten days before the date set for the hearing. At least ten days before the date fixed for the hearing the commissioner shall also post a notice of the time and place at the front door of the courthouse of the court of the county or city wherein the fiduciary qualified.
The fiduciary, shall give notice, in writing, to any claimant of a disputed claim known to the fiduciary at the last address of the claimant known to the fiduciary. The notice may be by regular, certified or registered mail, or by personal service at least ten days prior to the date set for hearing. The notice shall inform the claimant of his right to attend and present his case, of his right to obtain another date if the commissioner of accounts finds the initial date inappropriate, and of the fact that he will be bound by any adverse ruling. The fiduciary shall also inform the claimant of his right to file exceptions with the judge in the event of an adverse ruling.
Evidence of any mailing of notice by the fiduciary shall be filed with the commissioner. The commissioner may in a case deemed appropriate to him direct the fiduciary or the claimant or either of them to institute a proceeding at law or in equity to establish the validity or invalidity of any claim or demand, which he deems not otherwise sufficiently proved.
(Code 1950, § 64-161; 1966, c. 335; 1968, cc. 385, 656; 1981, c. 484; 1989, c. 492.)
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