Every creditor who shall not have presented his claim to the fiduciary or the fiduciary supervisor before distribution of the surplus by the personal representative, or before that time shall not have instituted an action thereon against the personal representative may, if not barred by limitation, bring his action against the distributees and legatees, jointly or severally, at any time within two years after such distribution. But no distributee or legatee shall be required to pay to creditors suing by virtue of this section a greater sum than the value of what was received by him out of the decedent’s estate, nor shall any distributee or legatee be required to pay to any one creditor a greater proportion of such creditor’s debt than the value of what was received by such distributee or legatee bears to the total estate distributed. A creditor suing by virtue of this section shall not recover against such distributees and legatees the costs of his action.
Structure West Virginia Code
Chapter 44. Administration of Estates and Trusts
§44-3A-1. Election to Make Article Applicable
§44-3A-4. Notice of Claim; Settlement in Certain Cases
§44-3A-4a. Short Form Settlement
§44-3A-5. Reference to Fiduciary Commissioner; Exceptions and Limitations
§44-3A-6. Claims to Be Proved by Vouchers and Affidavits in First Instance
§44-3A-7. Claims to Be Proved; Objections to Claims; Hearings; Funeral Expenses
§44-3A-8. Claims May Be Presented Before Publication of Notice
§44-3A-9. Proof of Contingent or Unliquidated Claims
§44-3A-10. Continuances Until All Claims and Objections Passed On
§44-3A-11. Personal Representative to Exhibit Offsets to Claims
§44-3A-12. How Heir or Devisee May Protect Himself Against Lien on Property
§44-3A-13. No Claim Barred by Statute of Limitations to Be Allowed
§44-3A-14. Effect of Presenting Claim as to Statute of Limitations
§44-3A-15. Advance Payment of Certain Claims
§44-3A-19. Summary Settlement Before Fiduciary Supervisor
§44-3A-20. How Contingent and Unliquidated Claims and Claims Not Matured May Be Provided For
§44-3A-21. Exceptions to Fiduciary Supervisor’s or Fiduciary Commissioner’s Report; Return of Report
§44-3A-22. Hearing on Report and Exceptions; Appeal; Effect of Confirmation
§44-3A-24. Reports of Delinquent Filings
§44-3A-25. Report of Claims to Be Recorded
§44-3A-26. Order in Which Debts of Decedent Are to Be Paid
§44-3A-27. Creditors to Be Paid in Order of Classification; When Classes Paid Ratably
§44-3A-28. When Personal Representative Not Liable for Funds Distributed
§44-3A-29. When Claims and Legacies May Be Paid and Estate Distributed
§44-3A-31. When Personal Representative Not Compelled to Make Distribution
§44-3A-32. When Claims Not Presented and Proved Barred of Recovery From Personal Representative
§44-3A-33. When Distributees and Legatees May Be Sued on Claims; Extent of Liability; Costs
§44-3A-34. When Enforcement of Lien to Secure Claim Barred
§44-3A-35. Fiduciary Commissioners
§44-3A-36. Fiduciary Commissioners; Powers and Duties Generally
§44-3A-37. Special Fiduciary Commissioners; Continuance of Present References; Compensation
§44-3A-38. Matters That Will Disqualify Fiduciary Commissioners
§44-3A-39. Disposition by Fiduciary Commissioner of Inventories and Accounts of Sales
§44-3A-40. Fiduciary Commissioners to Inspect Bonds of Fiduciaries
§44-3A-42. Fees to Be Charged by Fiduciary Supervisor or Fiduciary Commissioner; Disposition of Fees