CHAPTER 515

An Act to amend and reenact § 64-174 of the Code of Virginia, relating to
suits to subject real estate to debts of a decedent.
[S 279]

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:

Panes § 64-174 of the Code of Virginia be amended and reenacted as
ollows:

§ 64-174. Heir or devisee liable in equity only; judgment against
representative as evidence.—An heir or devisee may be sued in equity by
the personal representative or any creditor to whom a claim is due for
which the estate descended or devised is liable, or for which the 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 redress by such suit
In equity. And any judgment or decree for such claim hereafter rendered
against the personal representative of the decedent shall be prima facie
evidence of the claim against the heir or devisee in such suit in equity.
In any suit by the personal representative or any creditor pursuant to this
chapter, he shall record a notice of lis pendens as required by § 8-142, at the
tume of filing such suit. The personal representative or creditor, as the
case may be, shall show to the satisfaction of the court that there is not
sufficient personal assets in the estate to satisfy all claims against the
estate.