64.1-185 - Heir or devisee liable in equity only; judgment against representative as evidence; recording notice of lis pendens; showing as to personal assets. - Virginia Statutes

§ 64.1-185. Heir or devisee liable in equity only; judgment againstrepresentative as evidence; recording notice of lis pendens; showing as topersonal assets.

An heir or devisee may be sued in equity by the personal representative orany creditor to whom a claim is due for which the estate descended or devisedis liable, or for which the heir or devisee is liable in respect to suchestate; and he shall not be liable to an action at law for any matter forwhich there may be redress by such suit in equity. And any judgment or decreefor such claim hereafter rendered against the personal representative of thedecedent shall be prima facie evidence of the claim against the heir ordevisee in such suit in equity. In any suit by the personal representative orany creditor pursuant to this chapter, he shall record a notice of lispendens as required by § 8.01-268, at the time of filing such suit. Thepersonal representative or creditor, as the case may be, shall show to thesatisfaction of the court that there is not sufficient personal assets in theestate to satisfy all claims against the estate.

(Code 1950, § 64-174; 1968, cc. 515, 656.)