When the right to bring action or suit against distributees and legatees on any claim against the decedent shall become barred, the right to enforce such claim against real estate shall also become barred to the extent that such claim could have been collected out of the personal assets of decedent. The provisions of this section shall not apply to liens upon real property acquired or created in the lifetime of decedent, made or created to secure claims due and payable in future installments or at a future date.
Structure West Virginia Code
Chapter 44. Administration of Estates and Trusts
Article 2. Proof and Allowance of Claims Against Estates of Decedents
§44-2-1. Reference of Decedents’ Estates; Proceedings Thereon
§44-2-4. Mailing of Notice to Creditors, Distributees and Legatees
§44-2-5. Claims to Be Proved by Vouchers and Affidavits in First Instance
§44-2-6. Claims Taken to Be Proved; Objections to Claims; Hearings; Funeral Expenses
§44-2-7. Claims May Be Presented Before Publication of Notice
§44-2-8. Proof of Contingent or Unliquidated Claims
§44-2-9. Continuances Until All Claims and Objections Passed On
§44-2-10. Personal Representative to Exhibit Offsets to Claims
§44-2-11. How Heir or Devisee May Protect Himself Against Lien on Property
§44-2-12. No Claim Barred by Statute of Limitations to Be Allowed
§44-2-13. Effect of Presenting Claim as to Statute of Limitations
§44-2-14. Advance Payment of Certain Claims
§44-2-17. How Contingent and Unliquidated Claims and Claims Not Matured May Be Provided For
§44-2-18. Exceptions to Fiduciary Commissioner’s Report; Return of Report
§44-2-19. Hearing on Report and Exceptions; Appeal; Effect of Confirmation
§44-2-19a. Reports of Delinquent Filings and Administrative Closing of Unprogressed Estates
§44-2-20. Report of Claims to Be Recorded
§44-2-21. Order in Which Debts of Decedent Are to Be Paid
§44-2-22. Creditors to Be Paid in Order of Classification; When Classes Paid Ratably
§44-2-23. When Personal Representative Not Liable for Funds Distributed
§44-2-24. When Claims and Legacies May Be Paid and Estate Distributed
§44-2-25. When Personal Representative Not Compelled to Make Distribution
§44-2-26. When Claims Not Presented and Proved Barred of Recovery From Personal Representative
§44-2-27. When Distributees and Legatees May Be Sued on Claims; Extent of Liability; Costs