2009 West Virginia Code
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS

ARTICLE 1. PERSONAL REPRESENTATIVES. 

• §44-1-1 Executor has no powers before qualifying.
• §44-1-2 Administration with will annexed.
• §44-1-3 Oath of executor or administrator with will annexed.
• §44-1-4 Appointment of administrator.
• §44-1-5 When curator may be appointed; his duties.
• §44-1-6 Bond and oath; termination of grant in certain cases.
• §44-1-7 Penalty of bond.
• §44-1-8 When executor not to give bond.
• §44-1-9 Administration de bonis non upon death, resignation or removal of sole surviving executor or administrator; executor or administrator of executor or administrator not authorized to administer estate of first testator or intestate.
• §44-1-10 Marriage of female representative does not extinguish authority.
• §44-1-11 When sheriff to administer estate.
• §44-1-12 Letters of administration.
• §44-1-13 Affidavit showing heirs, distributees, devisees and legatees of decedent.
• §44-1-13a Repealed
• §44-1-14 Appraisement of real estate and probate personal property of decedents; disposition; and hiring of experts.
• §44-1-14a Notice of administration of estate; time limits for filing of objections; liability of personal representative.
• §44-1-15 Duty of personal representative; debt not extinguished by appointment of debtor as executor.
• §44-1-16 When administrator de bonis non may administer assets for which former personal representative liable.
• §44-1-17 Food and fuel for family.
• §44-1-18 What estate not to be sold.
• §44-1-19 Sale of goods likely to be impaired in value.
• §44-1-20 When to sell other goods.
• §44-1-21 Estate for life of another is assets.
• §44-1-22 Suits by and against.
• §44-1-23 Actions for goods carried away, waste or damage to estate of or by decedent.
• §44-1-24 Action for waste by representative.
• §44-1-25 Administrator de bonis non may have scire facias.
• §44-1-26 Action on bond of personal representative.
• §44-1-27 Not chargeable beyond assets; pleas allowed.
• §44-1-28 Payment of small sums due employees to distributees of decedents upon whose estates there have been no qualifications.
• §44-1-29 Authority of personal representative concerning conservation and preservation easements.

ARTICLE 2. PROOF AND ALLOWANCE OF CLAIMS AGAINST ESTATES OF DECEDENTS. 

• §44-2-1 Reference of decedents' estates; proceedings thereon.
• §44-2-2 Fiduciary commissioner to publish notice of time for receiving claims against decedents estates.
• §44-2-3 Fiduciary commissioner to certify to publication of notice.
• §44-2-4 Mailing of notice to creditors, distributees and legatees.
• §44-2-5 Claims to be proved by vouchers and affidavits in first instance.
• §44-2-6 Claims taken to be proved; objections to claims; hearings; funeral expenses.
• §44-2-7 Claims may be presented before publication of notice.
• §44-2-8 Proof of contingent or unliquidated claims.
• §44-2-9 Continuances until all claims and objections passed on.
• §44-2-10 Personal representative to exhibit offsets to claims.
• §44-2-11 How heir or devisee may protect himself against lien on property.
• §44-2-12 No claim barred by statute of limitations to be allowed.
• §44-2-13 Effect of presenting claim as to statute of limitations.
• §44-2-14 Advance payment of certain claims.
• §44-2-15 Personal representative not precluded from commencing action or suit; setoff in such actions or suits.
• §44-2-16 Fiduciary commissioner to report on claims of creditors, assets and shares of distributees and legatees.
• §44-2-16a Apportionment of federal and state estate taxes; fiduciary to deduct taxes from shares of beneficiaries.
• §44-2-17 How contingent and unliquidated claims and claims not matured may be provided for.
• §44-2-18 Exceptions to fiduciary commissioner's report; return of report.
• §44-2-19 Hearing on report and exceptions; appeal; effect of confirmation.
• §44-2-20 Report of claims to be recorded.
• §44-2-21 Order in which debts of decedent are to be paid.
• §44-2-22 Creditors to be paid in order of classification; when classes paid ratably.
• §44-2-23 When personal representative not liable for funds distributed.
• §44-2-24 When claims and legacies may be paid and estate distributed.
• §44-2-24a Accounting for money not disposable at time of settlement; subsequent distribution of such money.
• §44-2-25 When personal representative not compelled to make distribution.
• §44-2-26 When claims not presented and proved barred of recovery from personal representative.
• §44-2-27 When distributees and legatees may be sued on claims; extent of liability; costs.
• §44-2-28 When enforcement of lien to secure claim barred.
• §44-2-29 Waiver of final settlement.

ARTICLE 3. FIDUCIARY COMMISSIONERS; POWERS AND DUTIES. 

• §44-3-1 Fiduciary commissioners.
• §44-3-2 Fiduciary commissioners; powers and duties generally.
• §44-3-3 Special fiduciary commissioners.
• §44-3-4 Matters that will disqualify fiduciary commissioner.
• §44-3-5 Disposition by fiduciary commissioner of inventories.
• §44-3-6 Fiduciary commissioner to inspect bonds of fiduciaries.
• §44-3-7 When county commission to refer controversies to fiduciary commissioner; rules of procedure.

ARTICLE 3A. OPTIONAL PROCEDURE FOR PROOF AND ALLOWANCE OF CLAIMS AGAINST ESTATES OF DECEDENTS; COUNTY OPTION. 

• §44-3A-1 Election to make article applicable.
• §44-3A-2 Nature of office of fiduciary supervisor and fiduciary commissioner; duties of county commission with respect to orders and findings of such supervisor or commissioner.
• §44-3A-3 Office of fiduciary supervisor created; general powers; qualifications; tests for qualification; training program; salary.
• §44-3A-4 Notice of claim; settlement in certain cases.
• §44-3A-4a Short form settlement.
• §44-3A-5 Reference to fiduciary commissioner; exceptions and limitations.
• §44-3A-6 Claims to be proved by vouchers and affidavits in first instance.
• §44-3A-7 Claims to be proved; objections to claims; hearings; funeral expenses.
• §44-3A-8 Claims may be presented before publication of notice.
• §44-3A-9 Proof of contingent or unliquidated claims.
• §44-3A-10 Continuances until all claims and objections passed on.
• §44-3A-11 Personal representative to exhibit offsets to claims.
• §44-3A-12 How heir or devisee may protect himself against lien on property.
• §44-3A-13 No claim barred by statute of limitations to be allowed.
• §44-3A-14 Effect of presenting claim as to statute of limitations.
• §44-3A-15 Advance payment of certain claims.
• §44-3A-16 Personal representative no precluded from commencing action or suit; setoff in such actions or suits.
• §44-3A-17 Fiduciary commissioner to report on claims of creditors; report by fiduciary supervisor; assets and shares of distributees and legatees.
• §44-3A-18 Apportionment of federal and state estate taxes; fiduciary to deduct taxes from shares of beneficiaries.
• §44-3A-19 Summary settlement before fiduciary supervisor.
• §44-3A-20 How contingent and unliquidated claims and claims not matured may be provided for.
• §44-3A-21 Exceptions to fiduciary supervisor's or fiduciary commissioner's report; return of report.
• §44-3A-22 Hearing on report and exceptions; appeal; effect of confirmation.
• §44-3A-23 Exceptions to report of fiduciary supervisor or fiduciary commissioner where no previous hearing was had; reference.
• §44-3A-24 Reports of delinquent filings.
• §44-3A-25 Report of claims to be recorded.
• §44-3A-26 Order in which debts of decedent are to be paid.
• §44-3A-27 Creditors to be paid in order of classification; when classes paid ratably.
• §44-3A-28 When personal representative not liable for funds distributed.
• §44-3A-29 When claims and legacies may be paid and estate distributed.
• §44-3A-30 Accounting for money not disposable at time of settlement; subsequent distribution of such money.
• §44-3A-31 When personal representative not compelled to make distribution.
• §44-3A-32 When claims not presented and proved barred of recovery from personal representative.
• §44-3A-33 When distributees and legatees may be sued on claims; extent of liability; costs.
• §44-3A-34 When enforcement of lien to secure claim barred.
• §44-3A-35 Fiduciary commissioners.
• §44-3A-36 Fiduciary commissioners; powers and duties generally.
• §44-3A-37 Special fiduciary commissioners; continuance of present references; compensation.
• §44-3A-38 Matters that will disqualify fiduciary commissioners.
• §44-3A-39 Disposition by fiduciary commissioner of inventories and accounts of sales.
• §44-3A-40 Fiduciary commissioners to inspect bonds of fiduciaries.
• §44-3A-41 When county commission to refer controversies to fiduciary commissioner; rules of procedure.
• §44-3A-42 Fees to be charged by fiduciary supervisor or fiduciary commissioner; disposition of fees.
• §44-3A-43 County fiduciary fund.
• §44-3A-44 Rules applicable to fiduciary supervisors and fiduciary commissioners; exceptions as to certain counties.

ARTICLE 4. ACCOUNTING BY FIDUCIARIES. 

• §44-4-1 Record of appraisements.
• §44-4-2 Fiduciaries to exhibit accounts for settlement.
• §44-4-3 Fiduciaries from whom inventories, appraisals or accounts are due when this article effective may be proceeded against.
• §44-4-4 Fiduciaries of small estates may account once in three years.
• §44-4-5 Examination of bonds at time of accounting, and when requested by interested party.
• §44-4-6 Settlements for previous years; objections to account.
• §44-4-7 Failure to account forfeits commissions unless allowed by circuit court or county commission.
• §44-4-8 How accounting compellable by person interested.
• §44-4-9 Publication of list of fiduciaries prior to settlements.
• §44-4-10 Securities and moneys to be exhibited to fiduciary commissioner.
• §44-4-11 Liability for losses or failure to make defense.
• §44-4-12 Compensation and expenses of fiduciaries.
• §44-4-12a Compensation and expenses of personal representatives.
• §44-4-13 Receipt to be given fiduciaries for vouchers.
• §44-4-14 Reports of fiduciary commissioner.
• §44-4-14a Final settlement by fiduciaries for decedent's estates; penalty.
• §44-4-15 Exceptions to report.
• §44-4-16 Filing of report and vouchers.
• §44-4-17 Examination and correction or recommittal of report.
• §44-4-18 Effect of confirmation of report; how made conclusive.
• §44-4-19 Investment of funds may be ordered.
• §44-4-20 Disbursement of balance after settlement; suit to compel disbursement; final report of fiduciary following disbursement.
• §44-4-21 How fiduciary accounts settled in suits to be recorded.

ARTICLE 5. GENERAL PROVISIONS AS TO FIDUCIARIES. 

• §44-5-1 List of fiduciaries.
• §44-5-2 Fiduciary records of circuit court to be deposited in county clerk's office.
• §44-5-3 Appointment of nonresident; bond; service of notice and process; fees; penalty.
• §44-5-4 Who not to be accepted as surety on fiduciary's bond.
• §44-5-5 When additional or new bond may be required of a fiduciary, or his authority be revoked.
• §44-5-6 Jurisdiction of court on revocation of fiduciary's authority.
• §44-5-7 Authority of fiduciaries to compound and compromise liabilities due to or from them.
• §44-5-8 How transfer of securities to successor compelled.
• §44-5-9 Costs in proceedings to compel fiduciaries to comply with law.
• §44-5-10 Powers of clerk of county commission in certain counties.
• §44-5-11 Designation of testamentary trustee as beneficiary of insurance.
• §44-5-12 Distribution of assets in satisfaction of pecuniary bequests; authority of fiduciaries to enter into certain agreements; validating certain agreements; providing for discretionary division of trusts for tax, administrative or other purposes.
• §44-5-13 Restrictions on exercise of power for fiduciary's benefit.
• §44-5-14 Powers of fiduciaries regarding environmental laws.
• §44-5-15 Nonmerger of trusts.

ARTICLE 5A. POWERS OF FIDUCIARIES. 

• §44-5A-1 Definition.
• §44-5A-2 Incorporation by reference of enumerated powers; restriction on exercise of such powers.
• §44-5A-3 Powers which may be incorporated by reference in trust instrument.
• §44-5A-4 Termination of trusts valued at less than fifty thousand dollars; spendthrift and other protective trusts for incompetents and children.

ARTICLE 6. INVESTMENTS BY FIDUCIARIES. 

• §44-6-1 Fiduciaries to put money out at interest.
• §44-6-2 In what securities fiduciaries may invest trust funds.
• §44-6-2a Duties of the trustee of an irrevocable life insurance trust.
• §44-6-3 Authority for investment.
• §44-6-4 Beneficiaries may have fiduciary instructed by court as to investments.
• §44-6-5 Application to circuit court for directions regarding estate held to meet a contingency.
• §44-6-6 Establishment of common trust funds; investments.
• §44-6-7 Accounting required of fiduciaries as to common trust funds.
• §;44-6-6 to 44-6-8 cited; purpose; provisions severable.
• §44-6-9 Investment of trust assets in mutual funds; investments in mutual fund companies otherwise served by the bank; investment of trust assets in time deposits.
• §44-6-10 Purchase of service or product through or directly from bank or trust company or affiliate.

ARTICLE 6A. UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT. 

• §44-6A-1 Short title.
• §44-6A-2 Definitions.
• §44-6A-3 Standard of conduct in managing and investing institutional fund.
• §44-6A-4 Appropriation for expenditure or accumulation of endowment fund; rules of construction.
• §44-6A-5 Delegation of management and investment functions.
• §44-6A-6 Release or modification of restrictions on management, investment, or purpose.
• §44-6A-7 Reviewing compliance.
• §44-6A-8 Application to existing institutional funds.
• §44-6A-9 Relation to electronic signatures in Global and National Commerce Act.
• §44-6A-10 Uniformity of application and construction.

ARTICLE 6B. WEST VIRGINIA TRUST FUND. 

• §16744-6B-1to44-6B-12 Repealed

ARTICLE 6C. UNIFORM PRUDENT INVESTOR ACT. 

• §44-6C-1 Prudent investor rule.
• §44-6C-2 Standard of care; portfolio strategy; risk and return objectives.
• §44-6C-3 Diversification.
• §44-6C-4 Duties at inception of trusteeship.
• §44-6C-5 Loyalty.
• §44-6C-6 Impartiality.
• §44-6C-7 Investment costs.
• §44-6C-8 Reviewing compliance.
• §44-6C-9 Delegation of investment and management functions.
• §44-6C-10 Language invoking standard of article.
• §44-6C-11 Application to existing trusts.
• §44-6C-12 Uniformity of application and construction
• §44-6C-13 Short title.
• §44-6C-14 Severability.
• §44-6C-15 Effective date.

ARTICLE 7. RESIGNATION OF FIDUCIARIES AND PROCEDURE UPON RESIGNATION. 

• §44-7-1 Fiduciary desiring to resign to file petition; summons thereon.
• §44-7-2 Copy of petition and summons to be served on fiduciary commissioner.
• §44-7-3 Hearing on petition.

ARTICLE 8. REAL ESTATE OF DECEDENTS. 

• §44-8-1 Sale, conveyance and management of decedent's real estate; powers of executor and administrator with will annexed.
• §44-8-2 Rents, profits or proceeds of sale to be paid to persons entitled.
• §44-8-3 Real estate to be assets for payment of debts.
• §44-8-4 By what court assets administered.
• §44-8-5 Liability of heir or devisee for real estate conveyed; when such real estate not liable.
• §44-8-6 Heir or devisee liable in equity; judgment against personal representative prima facie evidence.
• §44-8-7 Suit to subject real estate to payment of debts; parties; evidence.
• §44-8-7a Jurisdiction of court in suits to subject real estate of decedents to payment of their debts.
• §44-8-8 Reference to special commissioner and publication of notice to creditors in such suit.
• §44-8-9 Decree of distribution; claims barred when.
• §44-8-10 No costs recoverable in, and injunction against, second suit.

ARTICLE 9. PERSONS PRESUMED TO BE DEAD AND THEIR ESTATES. 

• §44-9-1 When person presumed to be dead.
• §44-9-1a When person in military service presumed to be dead; administration of estate; when spouse may remarry.
• §44-9-1b When person in area proclaimed to be in a state of emergency presumed dead.
• §44-9-2 Jurisdiction of estate of supposed decedent.
• §44-9-3 Application for probate or administration, and publication of notice thereof.
• §44-9-4 Ancillary letters on estates of nonresidents supposed to be dead.
• §44-9-5 Evidence on such application; record thereof.
• §44-9-6 Order declaring presumption established; probate of will; letters testamentary or of administration; their effect; death certificate issued upon order.
• §44-9-7 Powers of clerk of county commission.
• §44-9-8 Personal representative to institute suit to settle such estate.
• §44-9-9 Publication in such suit.
• §44-9-10 Procedure when supposed decedent fails to appear.
• §44-9-11 Distribution of estate; refunding bonds.
• §44-9-12 Vacation of prior proceedings on reappearance of supposed decedent.
• §44-9-13 Final accounting of personal representative; effect of his acts; title of purchasers and distributees.
• §44-9-14 Substitution of supposed decedent in pending actions; opening judgments; effect of judgment after substitution.
• §44-9-15 When laws relating to wills and estates generally to govern.
• §44-9-16 Costs, by whom payable.

ARTICLE 10. GUARDIANS AND WARDS GENERALLY. 

• §44-10-1 Testamentary guardians.
• §44-10-2 Appointment void for renunciation or failure to qualify.
• §44-10-3 Appointment and revocation of guardian by county commission.
• §44-10-4 Right of minor to nominate guardian.
• §44-10-5 Bond of guardian.
• §44-10-6 Curator; bond; powers and duties.
• §44-10-7 Management of ward's estate; maintenance, education and custody; duration of guardianship; settlement.
• §44-10-8 Disbursements and expenditures by guardians from income and corpus of estates of infant wards.
• §44-10-9 Sale of personal estate to pay excess beyond income.
• §44-10-10 When guardian to pay interest.
• §44-10-11 Compound interest recoverable.
• §44-10-12 Time allowed guardian for investment of funds.
• §44-10-13 Powers of chancery courts over guardians; when and how real estate may be sold for maintenance and education of wards.
• §44-10-14 Minor settlement proceedings.
• §44-10-15 Repealed
• §44-10-16 Settlement of derivative claims.

ARTICLE 10A. GUARDIANS OF MENTALLY RETARDED AND MENTALLY HANDICAPPED PERSONS. 

• §16744-10A-1to44-10A-6 Repealed

ARTICLE 11. TRANSFER OF PROPERTY OF NONRESIDENTS AND RESIDENTS. 

• §44-11-1 Transfer of securities of nonresident decedent.
• §44-11-2 Affidavit as to publication of notice.
• §44-11-3 Transfer of property of nonresident infant or insane person to foreign guardian or committee.
• §44-11-4 How proceeds of sale of real estate of nonresident infant, insane person, or cestui que trust transferred to foreign guardian, committee or trustee.
• §44-11-5 Notice of application and evidence required before order of transfer made.
• §44-11-6 How personal estate in hands of resident trustee, belonging to nonresident beneficiaries, transferred.
• §44-11-7 What notice and evidence required before such transfer made.
• §44-11-8 Court may order sale of property.
• §44-11-8a Removal of property of resident infant, incompetent or insane person from this state by nonresident testamentary guardian or nonresident committee.
• §44-11-9 Discharge of guardian, committee, or trustee making transfer.
• §44-11-10 Judge of circuit court may act in vacation.

ARTICLE 12. POWERS OF CLERK IN VACATION OF COUNTY COURT. 

• §44-12-1 What clerk may do in vacation of county court.
• §44-12-2 Report by clerk to county court; hearing on same.
• §44-12-3 Confirmation of action of clerk.
• §44-12-4 Costs.

ARTICLE 13. POWERS AND DUTIES OF CLERKS OF COUNTY COURTS IN COUNTIES HAVING SEPARATE TRIBUNAL FOR POLICE AND FISCAL PURPOSES. 

• §44-13-1 Powers of clerk of county court where separate tribunal for police and fiscal purposes.
• §44-13-2 Who shall act when such clerk interested.
• §44-13-3 Such clerk not to impanel a jury for settlement of questions of fact.
• §44-13-4 Record and order books to be kept by such clerk.
• §44-13-4a Reporting of foreclosure statistics.
• §44-13-5 Duties of such clerk as to acts to be performed at stated times.
• §44-13-6 How decisions and orders of such clerk reviewed.

ARTICLE 14. SUBSTITUTION OF TRUSTEES; POWERS OF SURVIVING OR REMAINING TRUSTEES. 

• §44-14-1 By circuit court or judge, for trustee in deed, will or other writing; appointment of ancillary trustee under certain circumstances; substitution of trustee by party secured by trust deed.
• §44-14-2 Procedure for appointment by court or judge; appointment by secured party under trust deed.
• §44-14-3 Remaining trustees, or personal representative of sole or surviving trustee, may execute trust.
• §44-14-4 Powers and responsibilities of substituted or remaining trustee.
• §44-14-5 Validation of good faith acts by substitute trustees.

ARTICLE 15. VETERANS' GUARDIANSHIP AND COMMITMENT. 

• §44-15-1 Scope of article.
• §44-15-2 When unlawful for person to accept appointment as guardian; removal.
• §44-15-3 Petition for appointment.
• §44-15-4 Evidence of necessity for appointment of guardian of minor ward.
• §44-15-5 Evidence of necessity for appointment of guardian or committee of mentally incompetent ward.
• §44-15-6 Notice.
• §44-15-7 Qualifications and bond of guardian.
• §44-15-8 Settlement of accounts.
• §44-15-9 Failure to make settlement.
• §44-15-10 Compensation.
• §44-15-11 Investment of funds.
• §44-15-12 Disbursements for support of persons other than ward.
• §44-15-13 Certified copies of necessary public records furnished without cost.
• §44-15-14 Commitment to veterans administration or other agency of United States government.
• §44-15-15 Discharge of guardian.
• §44-15-16 Construction of article.
• §44-15-17 How cited.
• §44-15-18 Invalidity of part of article.

ARTICLE 16. TRUSTS FOR CHILDREN WITH AUTISM. 

• §44-16-1 Definitions.
• §44-16-2 Creation of a qualified trust for a child with autism.
• §44-16-3 West Virginia Children with Autism Trust Board; creation and composition of the trustee board; duties and responsibilities; reimbursement of expenses.
• §44-16-4 Reports and account.
• §44-16-5 Confidentiality.
• §44-16-6 Effective date.