WVC 44 - 2 - 27
§44-2-27. When distributees and legatees may be sued on claims;
extent of liability; costs.
(a) Every creditor who has not presented his claim to the
fiduciary commissioner before distribution of the surplus by the
personal representative, or before that time has not instituted a
civil action or suit thereon against the personal representative,
may, if not barred by limitation, bring a civil 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 civil action.
(b) Any creditor of a deceased person upon whose estate there
is no administration pursuant to subsection (b), section one of
this article, may, if not barred by limitation, bring a civil
action against the sole beneficiary at any time within two years
after recordation of the appraisement.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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