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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>75441</law_id><section_number>64.2-556</section_number><catch_line>Order to creditors to show cause against distribution of estate to legatees or distributees; liability of legatees or distributees to refund</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>64.2-557</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="64.2">Wills, Trusts, and Fiduciaries</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Wills and Decedents' Estates</unit><unit label="chapter" level="3" order_by="1" identifier="5">Personal Representatives and Administration of Estates</unit><unit label="article" level="4" order_by="1" identifier="9">Settlement of Accounts and Distribution</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> When a report of the accounts of any <span class="dictionary">personal representative</span> and of the debts and demands against the decedent&#x2019;s estate has been filed in the office of a clerk of a <span class="dictionary">court</span>, whether under &#xA7;&#xA7; <a class="law" title="Proceedings for receiving proof of debts by commissioners of accounts" href="/64.2-550/">64.2-550</a> and <a class="law" title="Account of debts by commissioners of accounts" href="/64.2-551/">64.2-551</a> or in a <span class="dictionary">civil action</span>, the <span class="dictionary">court</span>, after six months from the qualification of the <span class="dictionary">personal representative</span>, may, on <span class="dictionary">motion</span> of the <span class="dictionary">personal representative</span>, or a successor or substitute <span class="dictionary">personal representative</span>, or on <span class="dictionary">motion</span> of a legatee or distributee of the decedent, enter an <span class="dictionary">order</span> for the <span class="dictionary">creditors</span> and all other persons interested in the estate of the decedent to show cause on the day named in the <span class="dictionary">order</span> against the payment and delivery of the estate of the decedent to his legatees or distributees. A copy of the <span class="dictionary">order</span> shall be published once a week for two successive weeks, in one or more newspapers, as the <span class="dictionary">court</span> directs; the costs of such publication shall be paid by the petitioner or applicant. On or after the day named in the <span class="dictionary">order</span>, the <span class="dictionary">court</span> may <span class="dictionary">order</span> 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 <span class="dictionary">bond</span>, 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 after such payment or delivery is made, be adjudged to refund a due proportion of any claims enforceable against the decedent or his estate that have been finally allowed by the commissioner of accounts or the <span class="dictionary">court</span>, or that were not presented to the commissioner of accounts, and the costs of the recovery of such claim. In the event any claim becomes known to the <span class="dictionary">fiduciary</span> after the notice for debts and demands but prior to the entry of an <span class="dictionary">order</span> of distribution, the claimant, if the claim is disputed, shall be given notice in the form provided in &#xA7; <a class="law" title="Proceedings for receiving proof of debts by commissioners of accounts" href="/64.2-550/">64.2-550</a> and the <span class="dictionary">order</span> of distribution shall not be entered until after expiration of 10 days from the giving of such notice. If the claimant, within such 10-day period, indicates his desire to pursue the claim, the commissioner of accounts shall schedule a date for <span class="dictionary">hearing</span> the claim and for reporting thereon if action thereon is contemplated under &#xA7; <a class="law" title="Proceedings for receiving proof of debts by commissioners of accounts" href="/64.2-550/">64.2-550</a>. <a id="paragraph-270787" class="section-permalink" href="https://vacode.org/64.2-556/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Any <span class="dictionary">personal representative</span> who has in good faith complied with the provisions of this section and has, in compliance with or, as subsequently approved by, the <span class="dictionary">order</span> of the <span class="dictionary">court</span>, paid and delivered the money or other estate in his <span class="dictionary">possession</span> to any <span class="dictionary">party</span> that the <span class="dictionary">court</span> has adjudged entitled thereto shall not be liable for any demands of <span class="dictionary">creditors</span> and all other persons. <a id="paragraph-270788" class="section-permalink" href="https://vacode.org/64.2-556/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> Any <span class="dictionary">personal representative</span> who has in good faith complied with the provisions of this section and has, in compliance with, or as subsequently approved by, the <span class="dictionary">order</span> of the <span class="dictionary">court</span>, paid and delivered the money or other estate in his <span class="dictionary">possession</span> to any <span class="dictionary">party</span> that the <span class="dictionary">court</span> has adjudged entitled thereto, even if such distribution shall be prior to the expiration of the period of one year provided in &#xA7; <a class="law" title="When and how elective share may be claimed by surviving spouse" href="/64.2-302/">64.2-302</a>, Article 1.1 (&#xA7; <a class="law" title="Applicability; definitions" href="/64.2-308.1/">64.2-308.1</a> et seq.) of Chapter 3, or &#xA7; <a class="law" title="When and how exempt property and allowances may be claimed" href="/64.2-313/">64.2-313</a>, <a class="law" title="Complaint to impeach or establish a will; limitation of action; venue" href="/64.2-448/">64.2-448</a>, or <a class="law" title="Bona fide purchaser of real estate without notice of devise protected; later will" href="/64.2-457/">64.2-457</a>, shall not be liable for any demands of spouses, persons seeking to impeach the <span class="dictionary">will</span> or establish another <span class="dictionary">will</span>, or <span class="dictionary">purchasers</span> of real estate from the <span class="dictionary">personal representative</span>, provided that the <span class="dictionary">personal representative</span> has contacted any surviving spouse known to it having rights of renunciation and ascertained that the surviving spouse had no plan to renounce the <span class="dictionary">will</span>, such <span class="dictionary">intent</span> to be stated in writing in the case of renunciation under &#xA7; <a class="law" title="When and how elective share may be claimed by surviving spouse" href="/64.2-302/">64.2-302</a> or Article 1.1 (&#xA7; <a class="law" title="Applicability; definitions" href="/64.2-308.1/">64.2-308.1</a> et seq.) of Chapter 3, as applicable, and that the <span class="dictionary">personal representative</span> has not been notified in writing of any person&#x2019;s <span class="dictionary">intent</span> to impeach the <span class="dictionary">will</span> or establish a later <span class="dictionary">will</span> in the case of persons claiming under &#xA7; <a class="law" title="Complaint to impeach or establish a will; limitation of action; venue" href="/64.2-448/">64.2-448</a> or <a class="law" title="Bona fide purchaser of real estate without notice of devise protected; later will" href="/64.2-457/">64.2-457</a> or under a later <span class="dictionary">will</span>. <a id="paragraph-270789" class="section-permalink" href="https://vacode.org/64.2-556/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> In the case of such distribution prior to the expiration of such one-year period, the <span class="dictionary">personal representative</span> shall take refunding <span class="dictionary">bonds</span>, without <span class="dictionary">surety</span>, to the next of kin or legatees to whom distribution is made, to protect against the contingencies specified in this section. <a id="paragraph-270790" class="section-permalink" href="https://vacode.org/64.2-556/#D"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 64-169; 1966, c. 335; 1968, c. 656, &#xA7; 64.1-179; 1980, c. 439; 1982, c. 588; 1989, c. 492; 1991, c. 527; 1996, c. 352; 2005, c. 681; 2012, c. 614; 2016, cc. 187, 269.</history><metadata></metadata></law>
