West Virginia Code
Article 11. Estate Taxes
§11-11-18. Discharge of Estate; Notice of Lien; Limitation on Lien; etc.

(a) Where no receipt for payment of the taxes, or no receipt of nonliability for taxes has been issued or recorded as provided for in this article, the property constituting the estate of the decedent in this state shall be deemed fully acquitted and discharged of all liability for estate taxes under this article after a lapse of ten years from the date of the filing with the Tax Commissioner of notice of the decedent's death, or after a lapse of ten years from the date of the filing with the Tax Commissioner of an estate tax return, whichever date shall be earlier, unless the Tax Commissioner shall make out and file and have recorded in the office of the clerk of the county wherein any part of the estate of the decedent may be situated in this state, a notice of lien against the property of the estate, specifying the amount or approximate amount of taxes claimed to be due to the state under this article, which notice of lien shall continue said lien in force for an additional period of five years, or until payment is made.
(b) Notwithstanding anything to the contrary in this section or this article, no lien for estate taxes under this article shall continue for more than twenty years from the date of death of the decedent, whether the decedent be a resident or a nonresident of this state.

Structure West Virginia Code

West Virginia Code

Chapter 11. Taxation

Article 11. Estate Taxes

§11-11-1. Short Title; Arrangement and Classification

§11-11-2. Definitions

§11-11-3. Imposition of Tax

§11-11-4. Tax on Transfer of Estate of Residents; Credit; Property of Residents Defined

§11-11-5. Tax on Transfer of Estate of Nonresidents; Property of Nonresidents Defined; Exemption

§11-11-6. Tax on Transfer of Estate of Aliens

§11-11-7. Nonprobate Inventory of Estates; Penalties

§11-11-8. Estate Tax Returns

§11-11-9. Extension of Time for Filing Return

§11-11-10. Amended Returns

§11-11-11. Returns Executed by Tax Commissioner

§11-11-12. Report of Change in Federal Estate Tax

§11-11-13. Payment of Tax

§11-11-14. Extension of Time for Payment

§11-11-15. Interest

§11-11-16. Receipts for Taxes

§11-11-17. Special Lien for Estate Tax

§11-11-17a. Discharge of Nonresident Decedent’s Real Property in Absence of Ancillary Administration, Termination

§11-11-18. Discharge of Estate; Notice of Lien; Limitation on Lien; etc.

§11-11-19. Final Accounting Delayed Until Liability for Tax Determined

§11-11-20. Liability of Personal Representatives; etc.

§11-11-21. Duty of Resident Personal Representative of Nonresident Decedent

§11-11-22. Duties and Powers of Corporate Personal Representatives of Nonresident Decedents

§11-11-23. Proof of Payment of Death Taxes to State of Domicile

§11-11-24. Domicile of Decedent

§11-11-26. Sale of Real Estate by Personal Representative to Pay Tax

§11-11-27. Prima Facie Liability for Tax

§11-11-28. Apportionment of West Virginia Estate Taxes; Deduction of Taxes by the Fiduciary From Shares of Beneficiaries

§11-11-29. Time for Assessment of Tax

§11-11-30. Refund of Excess Tax Due to Overpayment of Federal Estate Tax

§11-11-31. Agreements as to Amount of Tax Due

§11-11-33. Administration of Article by Tax Commissioner

§11-11-34. Appointment of Special Appraisers

§11-11-35. Privacy of Information

§11-11-36. Money Penalty for Failure to Produce Records

§11-11-37. Interpretation and Construction

§11-11-38. Estates to Which Article Applies; Former Law Preserved

§11-11-39. Effectiveness of This Article

§11-11-40. General Procedure and Administration

§11-11-41. Criminal Penalties

§11-11-42. Severability

§11-11-43. Effective Date