{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-536.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-536.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-536.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-536.html"}],"law_id":79174,"edition_id":1,"section_id":79174,"structure_id":16724,"section_number":"64.2-536","catch_line":"Liability of heir or devisee; action by personal representative or creditor; recording notice of lis pendens; evidence","history":"Code 1950, \u00a7 64-174; 1968, cc. 515, 656, \u00a7 64.1-185; 2012, c. 614.","full_text":"An heir or devisee may be sued 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 with regard to such estate. Any judgment for such a claim entered against the personal representative of the decedent is prima facie evidence of the claim against the heir or devisee in a suit against the heir or devisee by the personal representative or any creditor. In any suit by the personal representative or any creditor pursuant to this article, he shall record a notice of lis pendens as required by \u00a7 8.01-268 at the time of filing such suit. The personal representative or creditor has the burden to show to the satisfaction of the court that there are not sufficient personal assets in the estate to satisfy all claims against the estate.","order_by":null,"text":{"0":{"id":283534,"text":"An heir or devisee may be sued 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 with regard to such estate. Any judgment for such a claim entered against the personal representative of the decedent is prima facie evidence of the claim against the heir or devisee in a suit against the heir or devisee by the personal representative or any creditor. In any suit by the personal representative or any creditor pursuant to this article, he shall record a notice of lis pendens as required by \u00a7 8.01-268 at the time of filing such suit. The personal representative or creditor has the burden to show to the satisfaction of the court that there are not sufficient personal assets in the estate to satisfy all claims against the estate.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":16724,"edition_id":1,"name":"Liability of Real Estate to Debts","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":13926,"metadata":{},"date_created":"2026-06-26 04:36:30","date_modified":"2026-06-26 04:36:30","permalink":{"id":273527,"object_type":"structure","relational_id":16724,"identifier":"6","token":"64.2\/II\/5\/6","url":"\/64.2\/II\/5\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13926,"edition_id":1,"name":"Personal Representatives and Administration of Estates","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:46:19","date_modified":"2026-06-26 03:46:19","permalink":{"id":273379,"object_type":"structure","relational_id":13926,"identifier":"5","token":"64.2\/II\/5","url":"\/64.2\/II\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12863,"edition_id":1,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272911,"object_type":"structure","relational_id":12863,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79038,"structure_id":16724,"section_number":"64.2-532","catch_line":"Real estate of decedent as assets for payment of debts","url":"\/64.2-532\/","token":"64.2\/II\/5\/6\/64.2-532","metadata":false},{"id":84313,"structure_id":16724,"section_number":"64.2-533","catch_line":"Administration of assets for payment of debts","url":"\/64.2-533\/","token":"64.2\/II\/5\/6\/64.2-533","metadata":false},{"id":82983,"structure_id":16724,"section_number":"64.2-534","catch_line":"Liability of heir or devisee for value of real estate sold and conveyed; validity of premature conveyances","url":"\/64.2-534\/","token":"64.2\/II\/5\/6\/64.2-534","metadata":false},{"id":76405,"structure_id":16724,"section_number":"64.2-535","catch_line":"When sale and conveyance within one year valid against creditors; proceeds paid to special commissioner; bond to obtain proceeds","url":"\/64.2-535\/","token":"64.2\/II\/5\/6\/64.2-535","metadata":false},{"id":79174,"structure_id":16724,"section_number":"64.2-536","catch_line":"Liability of heir or devisee; action by personal representative or creditor; recording notice of lis pendens; evidence","url":"\/64.2-536\/","token":"64.2\/II\/5\/6\/64.2-536","metadata":false},{"id":80644,"structure_id":16724,"section_number":"64.2-537","catch_line":"Action to enforce claim of less than $100; notice","url":"\/64.2-537\/","token":"64.2\/II\/5\/6\/64.2-537","metadata":false},{"id":80485,"structure_id":16724,"section_number":"64.2-538","catch_line":"Lien acquired during lifetime of decedent not affected","url":"\/64.2-538\/","token":"64.2\/II\/5\/6\/64.2-538","metadata":false}],"previous_section":{"id":76405,"structure_id":16724,"section_number":"64.2-535","catch_line":"When sale and conveyance within one year valid against creditors; proceeds paid to special commissioner; bond to obtain proceeds","url":"\/64.2-535\/","token":"64.2\/II\/5\/6\/64.2-535","metadata":false},"next_section":{"id":80644,"structure_id":16724,"section_number":"64.2-537","catch_line":"Action to enforce claim of less than $100; notice","url":"\/64.2-537\/","token":"64.2\/II\/5\/6\/64.2-537","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-536\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapters 515 and 656; in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":[{"id":56069,"section_number":"8.01-268","catch_line":"When and how docketed and indexed","order_by":null,"url":"\/8.01-268\/"}],"permalink":{"id":273545,"object_type":"law","relational_id":79174,"identifier":"64.2-536","token":"64.2\/II\/5\/6\/64.2-536","url":"\/64.2-536\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-536\/","token":"64.2\/II\/5\/6\/64.2-536","dublin_core":{"Title":"Liability of heir or devisee; action by personal representative or creditor; recording notice of lis pendens; evidence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-536","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

An heir or devisee may be sued by the personal representative<\/span> or any creditor<\/span> to whom a claim is due for which the estate descended or devised is liable, or for which the heir or devisee is liable with regard to such estate. Any judgment<\/span> for such a claim entered against the personal representative<\/span> of the decedent is prima facie evidence<\/span> of the claim against the heir or devisee in a suit against the heir or devisee by the personal representative<\/span> or any creditor<\/span>. In any suit by the personal representative<\/span> or any creditor<\/span> pursuant to this article, he shall record a notice of lis pendens as required by \u00a7 8.01-268<\/a> at the time of filing such suit. The personal representative<\/span> or creditor<\/span> has the burden to show to the satisfaction of the court<\/span> that there are not sufficient personal assets<\/span> in the estate to satisfy all claims against the estate.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY OF HEIR OR DEVISEE; ACTION BY PERSONAL REPRESENTATIVE OR CREDITOR;\nRECORDING NOTICE OF LIS PENDENS; EVIDENCE (\u00a7 64.2-536)\n\nAn heir or devisee may be sued by the personal representative or any creditor to\nwhom a claim is due for which the estate descended or devised is liable, or for\nwhich the heir or devisee is liable with regard to such estate. Any judgment for\nsuch a claim entered against the personal representative of the decedent is\nprima facie evidence of the claim against the heir or devisee in a suit against\nthe heir or devisee by the personal representative or any creditor. In any suit\nby the personal representative or any creditor pursuant to this article, he\nshall record a notice of lis pendens as required by \u00a7 8.01-268 at the time of\nfiling such suit. The personal representative or creditor has the burden to show\nto the satisfaction of the court that there are not sufficient personal assets\nin the estate to satisfy all claims against the estate.\n\nHISTORY: Code 1950, \u00a7 64-174; 1968, cc. 515, 656, \u00a7 64.1-185; 2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}