Sponsored by Edward R. Stolle
Kaufman & Canoles, PC - Attorneys
Information about probate and decedents' estates in Virginia. Home | Services | Contact | Search | Disclosure
Creditors' Claims
The Commissioner's Report

Virginia Estate Law - Creditors' Claims

Filing of Creditors' Claims
Debts & Demands Hearing

The Commissioner's Report


Within 60 days of the debts and demands hearing, or the last adjournment of the hearing, if the hearing was not completed on the date of the initial hearing, the Commissioner of Accounts is required to file a report with the Court stating the debts or demands as appear to the Commissioner to have been sufficiently proved, stating separately those of each class.

The statement of debts by class has particular importance in the case of an insolvent estate, where debts must be paid in accordance with the law for insolvent estates (as discussed under the chapter on Inventories and Accounts).

Often, if the estate is solvent, and there are no disputed debts, no creditors will appear at the hearing and the Commissioner will file his report stating this.

If a party to a debts and demands hearing believes that the Commissioner's determination in connection with the hearing is erroneous, they may, within 15 days of the filing of the Commissioner's report with the Court, file their exceptions to the report stating the errors they believe the Commissioner made in connection with the debts and demand hearing.

The exceptions will be placed on the Court's docket for hearing before a judge of the court, at which time the excepting party may present their evidence to the court in support of the claim that the Commissioner's findings were incorrect.

A personal representative should consider requesting a debts and demands hearing even when there are no disputed claims. This procedure along with the procedure for obtaining an order of distribution from the court, will afford liability protection to the personal representative regarding unknown creditor claims.

Distribution Proceedings - Purpose & Benefits >>>

Home | Services | Contact | Search | Disclosure
© Edward R. Stolle and Kaufman & Canoles, P.C. 2003 -2011