An heir or devisee may be sued in equity by any creditor to whom a debt is due, for which the estate descended or devised is liable, or for which such heir or devisee is liable in respect to such estate; and he shall not be liable to an action at law for any matter for which there may be any redress by such suit in equity. And any judgment or decree, except one taken by default, for such debt hereafter rendered against the personal representative of the decedent, shall be prima facie evidence of such debt against the heir or devisee in such suit in equity.
Structure West Virginia Code
Chapter 44. Administration of Estates and Trusts
Article 8. Real Estate of Decedents
§44-8-2. Rents, Profits or Proceeds of Sale to Be Paid to Persons Entitled
§44-8-3. Real Estate to Be Assets for Payment of Debts
§44-8-4. By What Court Assets Administered
§44-8-5. Liability of Heir or Devisee for Real Estate Conveyed; When Such Real Estate Not Liable
§44-8-7. Suit to Subject Real Estate to Payment of Debts; Parties; Evidence
§44-8-8. Reference to Special Commissioner and Publication of Notice to Creditors in Such Suit
§44-8-9. Decree of Distribution; Claims Barred When
§44-8-10. No Costs Recoverable In, and Injunction Against, Second Suit