2016 West Virginia Code
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS
ARTICLE 9. PERSONS PRESUMED TO BE DEAD AND THEIR ESTATES.
§44-9-12. Vacation of prior proceedings on reappearance of supposed decedent.
The circuit court may at any time, on satisfactory proof that the supposed decedent is in fact alive, set aside and vacate all proceedings theretofore had in such suit, including the decree of distribution, if such has been entered, and any order or decree entered by it or the county court establishing the presumption of death, and upon doing so shall certify that fact to the county court. The county court shall thereupon revoke the probate of any will of such supposed decedent and the grant of letters testamentary or of administration on his estate: Provided, That in no case shall the supposed decedent file his petition or suit to set aside and vacate such adjudication after the lapse of fifteen years from the date of such adjudication.
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