A judgment or decree against the personal representative of a decedent, committee of a convict, or conservator of an incapacitated person as defined in § 64.2-2000 for a debt due from the decedent, convict, or incapacitated person may, without taking an account of the transactions of the representative, conservator, or committee, be entered to be paid out of the estate of the decedent, convict, or incapacitated person in, or that shall come into, the possession of the representative, conservator, or committee to be administered. If the circuit court holds that the proceeding for the debt would not have been brought if the fiduciary had prudently discharged his duty, the amount of the judgment or decree for costs shall be paid out of the estate of the representative, conservator, or committee.
Code 1919, § 5407; 1950, p. 356, § 26-6; 1997, c. 921; 2012, c. 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 14 - Fiduciaries Generally
§ 64.2-1402. Jurisdiction for qualification of certain testamentary trustees and trustees generally
§ 64.2-1403. Qualification of trustees
§ 64.2-1404. New fiduciary appointed when authority of former revoked
§ 64.2-1406. Notice required; certain substitutions validated
§ 64.2-1407. Who to execute the trust until new trustee appointed
§ 64.2-1408. Circuit court may exercise same powers in suit to enforce or administer trust
§ 64.2-1409. Information to be provided to clerk by fiduciary
§ 64.2-1412. How trustee required to give bond; when to be removed and another appointed
§ 64.2-1414. Effect of orders of qualification of bank as committee or guardian
§ 64.2-1415. Liability for losses by negligence or failure to make defense
§ 64.2-1416. Liability of fiduciary for actions of cofiduciary
§ 64.2-1417. How judgment may be entered against personal representative, conservator, or committee
§ 64.2-1418. Court order for payments due from fiduciaries; effect
§ 64.2-1420. Clerk to mail notice, process, or rule to person served
§ 64.2-1421. What judgment or decree based upon service upon clerk shall specifically adjudicate
§ 64.2-1422. Environmental liability of fiduciaries
§ 64.2-1424. Resignation by fiduciary of his trust
§ 64.2-1425. How securities transferred to successor
§ 64.2-1426. Nonresident fiduciaries
§ 64.2-1429. Notice and bond required prior to transfer
§ 64.2-1430. When bond may be dispensed with
§ 64.2-1431. Sale of property and payment of proceeds to nonresident trustee
§ 64.2-1432. Discharge from liability of resident guardian, committee, conservator, or trustee