§ 64.1-171. Proceedings for receiving proof of debts by commissioners.
Any commissioner of accounts who has for settlement the accounts of apersonal representative of a decedent shall when requested to so do by apersonal representative or any creditor, legatee or distributee of adecedent, or may at any other time determined by the commissioner, eventhough no accounting is pending, appoint a time and place for receiving proofof debts and demands against the decedent or his estate. The commissionershall publish notice thereof once in some newspaper of general circulation inthe county or city wherein the fiduciary qualified at least ten days beforethe date set for the hearing. At least ten days before the date fixed forthe hearing the commissioner shall also post a notice of the time and placeat the front door of the courthouse of the court of the county or citywherein the fiduciary qualified.
The fiduciary, shall give notice, in writing, to any claimant of a disputedclaim known to the fiduciary at the last address of the claimant known to thefiduciary. The notice may be by regular, certified or registered mail, or bypersonal service at least ten days prior to the date set for hearing. Thenotice shall inform the claimant of his right to attend and present his case,of his right to obtain another date if the commissioner of accounts finds theinitial date inappropriate, and of the fact that he will be bound by anyadverse ruling. The fiduciary shall also inform the claimant of his right tofile exceptions with the judge in the event of an adverse ruling.
Evidence of any mailing of notice by the fiduciary shall be filed with thecommissioner. The commissioner may in a case deemed appropriate to him directthe fiduciary or the claimant or either of them to institute a proceeding atlaw or in equity to establish the validity or invalidity of any claim ordemand, which he deems not otherwise sufficiently proved.
(Code 1950, § 64-161; 1966, c. 335; 1968, cc. 385, 656; 1981, c. 484; 1989,c. 492.)
§ 64.1-171. Proceedings for receiving proof of debts by commissioners.
Any commissioner of accounts who has for settlement the accounts of apersonal representative of a decedent shall when requested to so do by apersonal representative or any creditor, legatee or distributee of adecedent, or may at any other time determined by the commissioner, eventhough no accounting is pending, appoint a time and place for receiving proofof debts and demands against the decedent or his estate. The commissionershall publish notice thereof once in some newspaper of general circulation inthe county or city wherein the fiduciary qualified at least ten days beforethe date set for the hearing. At least ten days before the date fixed forthe hearing the commissioner shall also post a notice of the time and placeat the front door of the courthouse of the court of the county or citywherein the fiduciary qualified.
The fiduciary, shall give notice, in writing, to any claimant of a disputedclaim known to the fiduciary at the last address of the claimant known to thefiduciary. The notice may be by regular, certified or registered mail, or bypersonal service at least ten days prior to the date set for hearing. Thenotice shall inform the claimant of his right to attend and present his case,of his right to obtain another date if the commissioner of accounts finds theinitial date inappropriate, and of the fact that he will be bound by anyadverse ruling. The fiduciary shall also inform the claimant of his right tofile exceptions with the judge in the event of an adverse ruling.
Evidence of any mailing of notice by the fiduciary shall be filed with thecommissioner. The commissioner may in a case deemed appropriate to him directthe fiduciary or the claimant or either of them to institute a proceeding atlaw or in equity to establish the validity or invalidity of any claim ordemand, which he deems not otherwise sufficiently proved.
(Code 1950, § 64-161; 1966, c. 335; 1968, cc. 385, 656; 1981, c. 484; 1989,c. 492.)
§ 64.1-171. Proceedings for receiving proof of debts by commissioners.
Any commissioner of accounts who has for settlement the accounts of apersonal representative of a decedent shall when requested to so do by apersonal representative or any creditor, legatee or distributee of adecedent, or may at any other time determined by the commissioner, eventhough no accounting is pending, appoint a time and place for receiving proofof debts and demands against the decedent or his estate. The commissionershall publish notice thereof once in some newspaper of general circulation inthe county or city wherein the fiduciary qualified at least ten days beforethe date set for the hearing. At least ten days before the date fixed forthe hearing the commissioner shall also post a notice of the time and placeat the front door of the courthouse of the court of the county or citywherein the fiduciary qualified.
The fiduciary, shall give notice, in writing, to any claimant of a disputedclaim known to the fiduciary at the last address of the claimant known to thefiduciary. The notice may be by regular, certified or registered mail, or bypersonal service at least ten days prior to the date set for hearing. Thenotice shall inform the claimant of his right to attend and present his case,of his right to obtain another date if the commissioner of accounts finds theinitial date inappropriate, and of the fact that he will be bound by anyadverse ruling. The fiduciary shall also inform the claimant of his right tofile exceptions with the judge in the event of an adverse ruling.
Evidence of any mailing of notice by the fiduciary shall be filed with thecommissioner. The commissioner may in a case deemed appropriate to him directthe fiduciary or the claimant or either of them to institute a proceeding atlaw or in equity to establish the validity or invalidity of any claim ordemand, which he deems not otherwise sufficiently proved.
(Code 1950, § 64-161; 1966, c. 335; 1968, cc. 385, 656; 1981, c. 484; 1989,c. 492.)
