1. A. For purposes of this section, "claim" means all claims against a decedent's estate that arose before the death of the decedent, except a contingent claim based on any warranty made in connection with the conveyance of real estate and claims of the United States and tax claims of the Commonwealth and subdivisions thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, secured or unsecured, founded on contract, tort, or other legal basis. "Claim" does not include (i) any mortgage, pledge, security interest, or other lien existing at the date of death of the decedent or (ii) claims of heirs or devisees to their respective shares or interests in the decedent's estate in their capacity as such heirs or devisees.
2. B. The personal representative of a decedent's estate, upon qualification, may publish a notice to all persons having a claim against the decedent to present such claim on or before the date to be specified in the notice under this section. The notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in the city or county in which the personal representative qualified in accordance with the provisions of § 8.01-324. At the same time, the personal representative shall personally deliver or send by first class mail a copy of the notice published under this section to the last known address of all persons having a disputed claim against the decedent that are actually known or can be ascertained by the personal representative with reasonable diligence.

3. C. Any notice published pursuant to this section shall include the following information:

   1. 1. The name and date of death of the decedent;
   2. 2. The name, address, and telephone number of the personal representative;
   3. 3. The mailing address of the clerk of the court in which the personal representative qualified;
   4. 4. A statement that all persons having a claim against the decedent shall present such claim to the personal representative in the manner specified in this section on or before the later of (i) at least six months from the date of the first publication of the notice or (ii) 90 days after the personal representative mails or otherwise delivers a copy of the notice as published to the claimant; and
   5. 5. A statement that, unless a claim is timely presented to the personal representative in the manner specified in this section, the liability of the personal representative or his surety for such claim shall not exceed the assets of the decedent remaining in the possession of the personal representative and available for application to the claim pursuant to § 64.2-528 at the time a demand for payment of such claim is presented to the personal representative.
4. D. Within 30 days after completing the publication of notice and sending a copy of the notice to all persons with a disputed claim under this section, the personal representative shall file with the clerk of the court in which the personal representative qualified an affidavit providing proof of publication of the notice and stating the names and addresses of the persons to whom the personal representative has mailed or delivered a copy of the notice and when the notice was mailed or delivered to each. If the personal representative is required to file the inventory and accounts with the commissioner of accounts, the personal representative shall, upon filing such affidavit with the clerk, provide a copy of the affidavit to such commissioner of accounts.

5. E. A claim against the decedent under this section shall be in writing and shall state the amount or item claimed or other relief sought, the basis for the claim, and the name and address of the claimant. Such claim shall be presented either:

   1. 1. By delivery in person or by mailing, registered or certified mail, return receipt requested, to the personal representative. Such claim shall be deemed to have been presented at the time of delivery in person to the personal representative or agent for the personal representative when the return receipt is signed by the personal representative or agent for the personal representative or when the writing, either in person or mailed, is refused by the personal representative or agent for the personal representative; or
   2. 2. By filing with the commissioner of accounts pursuant to § 64.2-552. Such claim shall be deemed to have been presented to the personal representative on the date of such filing.
6. F. Notwithstanding any provision of law to the contrary, if any claim is not timely presented to the personal representative in accordance with this section, the liability of a personal representative or his surety who has in good faith complied with the provisions of this section shall not exceed the assets of the decedent remaining in the possession of the personal representative and available for application to the claim pursuant to § 64.2-528 at the time a demand for payment of such claim is presented to the personal representative. However, every legatee or distributee to whom any payment or delivery is made from the decedent's estate, and his representatives, may, in a suit brought against him within five years after such payment or delivery is made, be adjudged to refund a due proportion of any claims enforceable against the decedent or his estate that have been finally allowed by the commissioner of accounts or the court, or that were not presented to the commissioner of accounts, and the costs of the recovery of such claim. Nothing in this section shall affect the liability of the estate for such claim to the extent of the decedent's assets remaining at the time a claim is filed.
7. G. If the personal representative in good faith believes that the notice required by this section to a particular creditor is or may be required and gives notice based on that belief, the personal representative shall not be liable to any person for giving such notice, whether or not such notice is actually required under this section. If the personal representative in good faith fails to give notice required by this section, the personal representative shall not be liable to any person for the failure.

2026, c. 382.