                                 CODE OF VIRGINIA

ORDER TO CREDITORS TO SHOW CAUSE AGAINST DISTRIBUTION OF ESTATE TO LEGATEES OR
DISTRIBUTEES; LIABILITY OF LEGATEES OR DISTRIBUTEES TO REFUND (§ 64.2-556)

A. When a report of the accounts of any personal representative and of the debts
and demands against the decedent&#8217;s estate has been filed in the office of
a clerk of a court, whether under &#xA7;&#xA7; 64.2-550 and 64.2-551 or in a
civil action, the court, after six months from the qualification of the personal
representative, may, on motion of the personal representative, or a successor or
substitute personal representative, or on motion of a legatee or distributee of
the decedent, enter an order for the creditors and all other persons interested
in the estate of the decedent to show cause on the day named in the order
against the payment and delivery of the estate of the decedent to his legatees
or distributees. A copy of the order shall be published once a week for two
successive weeks, in one or more newspapers, as the court directs; the costs of
such publication shall be paid by the petitioner or applicant. On or after the
day named in the order, the court may order 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 bond, 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 court, 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 fiduciary
after the notice for debts and demands but prior to the entry of an order of
distribution, the claimant, if the claim is disputed, shall be given notice in
the form provided in &#xA7; 64.2-550 and the order 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 hearing the claim and for
reporting thereon if action thereon is contemplated under &#xA7; 64.2-550.

B. Any personal representative who has in good faith complied with the
provisions of this section and has, in compliance with or, as subsequently
approved by, the order of the court, paid and delivered the money or other
estate in his possession to any party that the court has adjudged entitled
thereto shall not be liable for any demands of creditors and all other persons.

C. Any personal representative who has in good faith complied with the
provisions of this section and has, in compliance with, or as subsequently
approved by, the order of the court, paid and delivered the money or other
estate in his possession to any party that the court has adjudged entitled
thereto, even if such distribution shall be prior to the expiration of the
period of one year provided in &#xA7; 64.2-302, Article 1.1 (&#xA7; 64.2-308.1
et seq.) of Chapter 3, or &#xA7; 64.2-313, 64.2-448, or 64.2-457, shall not be
liable for any demands of spouses, persons seeking to impeach the will or
establish another will, or purchasers of real estate from the personal
representative, provided that the personal representative has contacted any
surviving spouse known to it having rights of renunciation and ascertained that
the surviving spouse had no plan to renounce the will, such intent to be stated
in writing in the case of renunciation under &#xA7; 64.2-302 or Article 1.1
(&#xA7; 64.2-308.1 et seq.) of Chapter 3, as applicable, and that the personal
representative has not been notified in writing of any person&#8217;s intent to
impeach the will or establish a later will in the case of persons claiming under
&#xA7; 64.2-448 or 64.2-457 or under a later will.

D. In the case of such distribution prior to the expiration of such one-year
period, the personal representative shall take refunding bonds, without surety,
to the next of kin or legatees to whom distribution is made, to protect against
the contingencies specified in this section.

HISTORY: Code 1950, § 64-169; 1966, c. 335; 1968, c. 656, § 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.