The title of a bona fide purchaser without notice and for valuable consideration from the heir or heirs at law of a person who has died heretofore, or who may die hereafter, having title to any real estate of inheritance in this state, shall not be affected by a devise of such real estate made by the decedent, unless within one year after the testator's death the will devising the same, or if such will has been probated without this state, an authenticated copy thereof, shall be filed for probate before the court having jurisdiction for that purpose, or the clerk thereof, and shall afterwards be admitted to probate as a will of real estate and be recorded in the proper clerk's office: Provided, however, That if any devisee under such will mentioned in this section is at the time of the testator's death an infant, or insane, or a convict, the limitation created by this section shall not affect such infant, insane person or convict until after the expiration of one year from the removal of such disability.
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