2005 West Virginia Code - §44-7-1. — Fiduciary desiring to resign to file petition; summons thereon.

§44-7-1. Fiduciary desiring to resign to file petition; summons thereon.

Any executor, administrator, guardian, curator or committee, desiring to resign his trust, may file his petition for that purpose in the county court of the county in which he was appointed as such, stating the names of all persons, so far as known by him, interested in the estate in his hands or under his control, and to which his duties as such fiduciary relate, and if any of them be under disability, or nonresidents of the state; or if there be persons interested in such estate whose names are unknown, all of such facts, and the names of the guardians and committees of such persons under disability, if there be such guardians or committees, shall be stated in the petition. Upon the filing of such petition the clerk of the court shall issue a summons against all the persons so named and the guardians and the committees of such as are under disability, if they have any, and against "the unknown parties in interest," if any there be, mentioned in such petition, to appear before the court on a day to be named in the summons, which day shall be not less than thirty days from the filing of such petition, and answer the same, and state to the court the reasons, if any they have, why such petition should not be granted. If any of the persons so interested reside in another county in this state, the summons as to them shall be directed and sent by mail by the clerk to the sheriff of that county to be served and returned by him; and as to the persons named in such petition who reside out of this state, or who cannot by the use of due diligence be found, and as to such unknown parties, an order of publication shall be awarded against them, which shall be published or posted and published, as in cases of appointment and qualification of personal representatives.