26-6 - How judgment may be entered against personal representative, conservator or committee. - Virginia Statutes

§ 26-6. How judgment may be entered against personal representative,conservator or committee.

A judgment or decree against any person, as the personal representative of adecedent or committee of a convict, or conservator of an incapacitated personas defined in § 37.2-1000, or pursuant to any provision of law now orhereafter enacted under which a conservator or committee may be appointed,for a debt due from such decedent, convict, or incapacitated person may,without taking an account of the transactions of such representative,conservator or committee, be entered to be paid out of the estate of suchdecedent, convict, or incapacitated person in, or which shall come to, thehands of the representative, conservator or committee to be administered.When the court enters of record that if the fiduciary had prudentlydischarged his duty, the proceeding would not have been brought, the judgmentor decree, so far as it is for costs, shall be entered to be paid out of hisown estate.

(Code 1919, § 5407; 1950, p. 356; 1997, c. 921.)