WVC 44 - 3 A- 33
§44-3A-33. When distributees and legatees may be sued on
claims; extent of liability; costs.
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.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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