If the person so summoned be the personal representative of a decedent, he shall answer in writing whether or not there is in his hands in his fiduciary capacity, any sum of money owing to the judgment debtor, and if so, the amount thereof, if the same has been definitely determined, and when it will be payable by him; and if such amount has not been definitely ascertained, the court shall continue the case, with direction to him to thereafter, and as soon as such amount has been definitely determined, report the same to the court, and say when it will be payable by him. In either event, and when the amount so owing to the judgment debtor has been definitely fixed and determined, the court shall direct the disposition of such fund to the creditor of such other person or persons according as their rights may be determined.
§ 8.01-518.When garnishee is personal representative of decedent.
Chapter 18. Executions and Other Means of Recovery · Article 7. Garnishment · Last amended 1977 · Last verified July 16, 2026
In one sentenceRequires a personal representative summoned as garnishee to answer in writing whether the estate owes the judgment debtor any definitely determined sum as creditor or distributee, and, if the amount is not yet settled, lets the court continue the case until it is, directing disposition of the fund once the amount is finally fixed.
Full Text of § 8.01-518
Plain-English Summary
Garnishing an estate differs from garnishing a bank account, because an estate’s obligations often are not settled until administration wraps up. Section 8.01-518 adapts the ordinary garnishee-answer process to that reality.
A personal representative served as garnishee must answer in writing on two fronts: is there any money in the estate’s hands owed to the debtor, and if so, how much and when it is payable, but only once that amount has been pinned down.
If the number is not settled yet, the court does not force a premature answer. It continues the case, directing the personal representative to report back as soon as the amount is determined and to say when it will be paid.
Either way, once the amount owed the debtor is finally fixed, the court steps in to direct how that fund gets distributed among the creditor and any other parties whose rights have been determined in the proceeding.
Frequently Asked Questions
What must a personal representative disclose when summoned as garnishee?
Whether the estate owes the judgment debtor any sum as creditor or distributee, and, if so, the amount, if determined, and when it is payable.
What happens if the amount owed to the debtor has not been determined yet?
The court continues the case and directs the personal representative to report the amount and payment date once it is finally determined.
Who decides how the fund gets distributed once the amount is fixed?
The court, directing disposition according to the parties’ determined rights.
Does the personal representative answer under oath like other garnishees?
The section calls for a written answer rather than the oral examination process used for other garnishees.
In what capacities might the debtor be entitled to estate funds under this section?
As a creditor of the decedent or as a distributee of the estate.
Amendment History
Code 1950, § 8-446; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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