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Distribution Proceedings
Distribution Order

Virginia Estate Law - Distribution Proceedings

Purpose & Benefits
Show Cause Order
Distribution Order

On or after the date stated in the published show cause order for creditors and other interested parties to appear, the court may enter an order providing for the payment and delivery of all or part of the estate to the heirs or beneficiaries, with or without refunding bonds, as determined by the court.

The law provides that the persons receiving distribution may in a suit brought against them within 5 years, be required to refund a due portion of any claims against the decedent or the estate which are later allowed.

The law also provides that if the personal representative learns of a claim not listed before entry of the distribution order, he or she must give notice to the claimant at least 10 days before entry of the distribution order, and if the claim is disputed, it will be referred back to the commissioner for determination and report.

There are additional procedures that can be followed by a personal representative to obtain protection against a spouse's claim to renounce the decedent's will, persons who may attempt to impeach the decedent's will or establish another will, and purchasers of the decedent's real estate from the personal representative.

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