Notwithstanding the two preceding sections, any person interested who, at the time of the judgment or order is under the age of eighteen years, or is a convict or a mentally incapacitated person, may file a complaint to impeach or establish the will, within one year after he becomes of age, or other disability ceases; and any person interested who, at that time, resided out of the state, or was proceeded against by publication, may, unless he actually appeared as a party or was personally summoned, file such complaint within one year after the entry of such judgment or order.
Structure West Virginia Code
Article 5. Production, Probate and Record of Wills
§41-5-2. Clerk to Notify Executor and Beneficiaries, and to Keep Will Safe in His Office
§41-5-3. Compelling Production of Will and Offer of Probate
§41-5-5. Procedure for Probate in Solemn Form
§41-5-7. Appeal From Probate Order -- When to Be Taken; Procedure
§41-5-9. Order as Bar to Suit in Equity
§41-5-10. Ex Parte Procedure to Probate; Appeal
§41-5-12. Impeachment or Establishment in Court -- by Person Under Disability or Nonresident
§41-5-13. Ancillary Administration; Probate or Recordation of Foreign Will
§41-5-14. When Depositions Admissible
§41-5-15. Proof of Will While Testator Living
§41-5-16. Statements of Particulars in Will Contests
§41-5-17. Probated Wills to Be Recorded and Indexed
§41-5-18. Recording in Other Counties; Duty of Personal Representative or Devisee
§41-5-19. Title of Bona Fide Purchasers of Real Estate From Heirs
§41-5-20. Title to Real Estate Devised by Wills; Rights of Devisees and Bona Fide Purchasers