Virginia Demand for Payment of an Open Account by Creditor

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Multi-State
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US-0245BG
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Description

An open account is created when the parties intend that the individual items of the account will not be considered independently, but as a connected series of transactions. In addition, the parties must intend that the account will be kept open and subject to a shifting balance as additional related entries of debits and credits are made, until either party decides to settle and close the account. In an open account, there is but one single and indivisible liability arising from the series of related and reciprocal debits and credits. This single liability is to be fixed at the time of settlement, or following the last pertinent entry of the account. Finally, the balance must be mutually agreed on by the parties or implicitly imposed on them by law.

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FAQ

Virginia Code § 64.2-550 states that said hearings can be held anytime the commissioner has before him the ?accounts of a personal representative of a decedent.? Virginia Code § 64.2-550 states the commissioner shall issue a report of ?all such debts or demands as have been sufficiently proved.? Thus, Virginia Code § ...

A personal representative shall not be compelled to pay any legacy made in the will or to distribute the estate of the decedent for six months from the date of the order conferring authority on the first executor or administrator of such decedent and, except when it is otherwise specifically provided for in the will, ...

This section shall be deemed to permit qualification without security where the personal representative is the only distributee or only beneficiary by virtue of one or more instruments of disclaimer filed prior to, or at the time of, such personal representative's qualification. § 64.2-505. When security not required - Virginia Law virginia.gov ? vacode ? chapter5 ? section64 virginia.gov ? vacode ? chapter5 ? section64

Any personal representative who has in good faith complied with the provisions of this section and has, in compliance with or, as subsequently approved by, the order of the court, paid and delivered the money or other estate in his possession to any party that the court has adjudged entitled thereto shall not be liable ... § 64.2-556. Order to creditors to show cause against distribution of estate ... virginia.gov ? vacode ? chapter5 ? section64 virginia.gov ? vacode ? chapter5 ? section64

No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over a claim not due. § 64.2-528. Order in which debts and demands of decedents to be paid virginia.gov ? vacode ? chapter5 ? section64 virginia.gov ? vacode ? chapter5 ? section64

Order of Priority to Pay ing to the Code of Virginia Section 64.2-528, there is an order in which the debts and liabilities of the estate must be paid. The indebtedness of the highest priority class of creditors must be paid before paying an inferior class.

The procedures for debts and demands is covered by Section 64.2-550, Code of Virginia (1950), as amended. The proceeding is initiated by a simple written request from the personal representative to the Commissioner of Accounts or request of a claimant (creditor) of the estate.

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Virginia Demand for Payment of an Open Account by Creditor