West Virginia Code
Article 11. Estate Taxes
§11-11-29. Time for Assessment of Tax

(a) General. -- The amount of estate tax due under this article shall be assessed on or before whichever of the following dates occurs last:
(1) The period specified in section fifteen, article ten of this chapter, during which an assessment may generally be issued;
(2) Within a period expiring ninety days after the last day on which the assessment of a deficiency in federal estate tax may lawfully be made under applicable provisions of the Internal Revenue Code; or
(3) Within ninety days after receipt of notice from a personal representative that the federal estate tax liability of an estate has been changed.
(b) Exceptions. -- In the case of a false or fraudulent return, or failure to file a return on or before the last day prescribed for filing, or failure of the personal representative to give the Tax Commissioner notice of a change in the federal estate tax liability of an estate, the tax may be assessed at any time.

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