64.1-166 - Transfer of assets to administrator de bonis non; effect thereof.
§ 64.1-166. Transfer of assets to administrator de bonis non; effect thereof.
A. When the powers of a personal representative have ceased and there is anadministrator de bonis non of the decedent's estate, it shall be lawful, withthe consent of the court in which or before whose clerk the administrator debonis non qualified, for the personal representative to pay and deliver tosuch administrator de bonis non the assets of the decedent, whether convertedor not, for which such former personal representative is responsible; butsuch consent shall not be given unless the administrator de bonis non hasgiven, or gives, a bond sufficient to cover the additional assets, to be paidor delivered to him. The administrator de bonis non shall administer the sameas assets received in due course of administration and his receipt thereforshall be a voucher in the settlement of the accounts of the former personalrepresentative and shall exempt such personal representative from allliability for the assets lawfully paid over and delivered.
B. The administrator de bonis non shall be authorized to bring suit againstsuch former personal representative or his estate for mismanagement or tocompel the payment and delivery to him of such assets of the decedent as werewrongfully converted by the former personal representative.
C. Nothing contained in this section shall be construed as exempting suchformer personal representative and his sureties from liability for any breachof duty committed by him with respect to such assets before they were paidover and delivered to the administrator de bonis non by him, or to bar thebeneficiaries, creditors or any other parties in interest from bringing anyaction which they might otherwise have against the former personalrepresentative arising out of his acts or omissions.
(Code 1950, § 64-156; 1968, c. 656; 1991, c. 58.)