Title 15 — Decedents' Estates and Fiduciary Relations
24 chapters · 422 sections in this title.
15 V.I.C. § 601 Survival of actions
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Subject to the provisions of sections 76 and 77 of Title 5, causes of action by one person against another, whether arising on contract or otherwise, survive to the personal representatives of the former and against the personal representatives of the latter. When the cause of ac…
15 V.I.C. § 602 Actions against several executors or administrators
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In action against several executors or administrators, they shall be considered as one person, representing their testator or intestate, and judgment may be given and execution issued against all of them who are defendants in the action, although the summons is served only on par…
15 V.I.C. § 603 Effect of judgment given for want of answer
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When a judgment is given against an executor or administrator for want of an answer, such judgment is not to be deemed evidence of assets in his hands unless it appears that the complaint alleged assets and that the summons was served upon him.
15 V.I.C. § 604 Defenses of executors and administrators
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(1) In an action against executors or administrators in which the fact of their having administered the estate of their testator or intestate or any part thereof is put in issue and the inventory of the property of the deceased returned by them is given in evidence the same may b…
15 V.I.C. § 605 Liability of executor of his own wrong
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No person is liable to an action as executor of his own wrong for having taken, received, or interfered with the property of a deceased person, but is responsible to the executors or administrators of such deceased person for the value of all property so taken or received and for…
15 V.I.C. § 606 Commencement of action against executor or administrator
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(a) An action may be commenced against an executor or administrator at any time after the expiration of twelve months from the granting of letters testamentary or of administration and until the final settlement of the estate and discharge of such executor or administrator from t…
15 V.I.C. § 607 Right of arrest and attachment as applied to executors and administrators
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In an action against an executor or administrator as such, the provisional remedies of arrest and attachment shall not be allowed on account of the acts of his testator or intestate, but for his own acts as such executor or administrator such remedies shall be allowed for the sam…
15 V.I.C. § 641 Actions of equitable nature by or against executors and administrators
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The provisions of subchapter I of this chapter, excepting section 601 of this title, shall apply to actions of an equitable nature by and against executors and administrators, except as in this subchapter otherwise or specially provided. All causes of action of an equitable natur…
15 V.I.C. § 642 Action by creditor against next of kin
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(a) The next of kin of a deceased person are liable to an action by a creditor of the estate to recover the distributive shares received out of such estate, or to so much thereof as may be necessary to satisfy his debt. The action may be against all the next of kin jointly or aga…
15 V.I.C. § 643 Action by creditor against legatees
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(1) Legatees are liable to an action by a creditor of the testator to recover the value of any legacy received by them. The action may be maintained against all the legatees jointly or against any one or more of them severally. In such an action the plaintiff shall not recover un…
15 V.I.C. § 644 Recovery in action against several next of kin or legatees
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(a) In an action against several next of kin or legatees jointly for assets delivered to them, if a recovery is had against such next of kin or legatees, the cost of the action shall be apportioned among the several defendants in proportion to the amount recovered against each of…
15 V.I.C. § 645 Action by creditor against heirs and devisees
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Heirs and devisees are liable to an action by a creditor of a deceased person to recover the debt of their ancestor or testator to the extent of the value of any real property inherited by or devised to them. If such action is against the heirs, all the heirs who are liable shall…
15 V.I.C. § 646 Liability of heirs
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(a) Heirs are not liable for the debt of their ancestor or creditor unless it appears that the personal assets of the deceased were insufficient to discharge it, or that after due proceedings the creditor has been unable to collect the debt from the personal representatives of th…
15 V.I.C. § 647 Liability of devisee
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(a) A devisee shall not be liable to the creditor of his testator unless it appears that the personal assets of the testator and the real property descended to his heirs were insufficient to discharge the debt, or unless it appears that after due proceedings the creditor has been…
15 V.I.C. § 648 Liability of next of kin, legatees, heirs and devisees
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In cases where the next of kin, legatees, heirs, and devisees are liable for the debts of their ancestors, as provided in this subchapter, they shall be liable therefor without other priority or preference than such ancestors would have been. The word “debt”, as used in this subc…
15 V.I.C. § 649 Enforcement of judgment against heir or devisee
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A judgment against an heir or devisee on account of the debt of his ancestor or testator may be enforced by execution against the real property shown to have descended to their heir or devisee, and not otherwise. Such judgment shall have preference as a lien on such real property…
15 V.I.C. § 650 Status of real property aliened by heir or devisee
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When it appears in an action provided for in section 645 of this title that before the commencement thereof the heir or devisee has aliened the real property descended to him, or any part thereof, he shall be personally liable for the value of the property so aliened, and a judgm…
15 V.I.C. § 651 Apportionment of debt among several heirs or legatees
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In an action against several heirs jointly or several devisees jointly, the amount which the plaintiff recovers must be apportioned among all the heirs of the ancestor or devisees of the testator in proportion to the value of the real property descended or devised, and such propo…