What happens when an Executor for a probated will in VA did not distribute funds properly?

Not enough liquid ets were available to cover all bequests. Each bequests should have been reduced by the shortfall percentage. The Executor shorted several heirs and overpaid others; however no party received more funds than bequested in the will. Will probated in Virginia in 2008. Father died Feb 2008. Distributions were made in April 2008. The Executor was questioned about the distribution error; however he responded stated that all distributions were made properly and was reviewed by an attorney. Now in Aug 2010, he is demanding that the heir refund the overage from before. He is threatening legal action if the heir does not repay. Does the overpaid heir have to pay it back to the estate?