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2005 West Virginia Code - CHAPTER 44. — ADMINISTRATION OF ESTATES AND TRUSTS
- 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 — Repealed.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.
- §44-4-13. — 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.
- §44-6-8. — How §§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. — Appropriation of appreciation; rule of construction.
- §44-6A-4. — Investment authority.
- §44-6A-5. — Delegation of investment management.
- §44-6A-6. — Standard of conduct.
- §44-6A-7. — Release of restrictions on use or investment; application of cy pres doctrine.
- §44-6A-8. — Uniformity of application; construction.
- ARTICLE 6B. — WEST VIRGINIA TRUST FUND.
- §§44-6B-1 to 44-6B-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.
- §§44-10A-1 to 44-10A-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.
- §44-13-5. — 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.
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