                                 CODE OF VIRGINIA

LIABILITY OF HEIR OR DEVISEE; ACTION BY PERSONAL REPRESENTATIVE OR CREDITOR;
RECORDING NOTICE OF LIS PENDENS; EVIDENCE (§ 64.2-536)

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 § 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.

HISTORY: Code 1950, § 64-174; 1968, cc. 515, 656, § 64.1-185; 2012, c. 614.