At the time of the qualification of an executor or administrator, the court or clerk before whom he qualifies shall require such executor or administrator to file his own affidavit, or the affidavit of some credible person, showing the names and, as far as possible, the addresses of the persons who would take any part of the estate of the decedent as heirs or distributees in cases of the intestacy of the decedent and of the persons who are devisees and legatees under the will, if any, of the decedent, and their relationship to decedent, and the clerk of the court shall record such affidavit in the fiduciary record, which affidavit and the record thereof shall be prima facie evidence of what is contained therein. The personal representative shall not receive any compensation for his services until such names and addresses be furnished by affidavit as aforesaid, unless he shows by affidavit that such heirs, distributees, devisees and legatees and their addresses are unknown to him and that after diligent inquiry he has been unable to ascertain their names and addresses.
Structure West Virginia Code
Chapter 44. Administration of Estates and Trusts
Article 1. Personal Representatives
§44-1-1. Executor Has No Powers Before Qualifying
§44-1-2. Administration With Will Annexed
§44-1-3. Oath of Executor or Administrator With Will Annexed
§44-1-5. When Curator May Be Appointed; His Duties
§44-1-6. Bond and Oath; Termination of Grant in Certain Cases
§44-1-8. When Executor or Administrator Not to Give Bond; When Surety Not Required
§44-1-10. Marriage of Female Representative Does Not Extinguish Authority
§44-1-11. When Sheriff to Administer Estate
§44-1-12. Letters of Administration
§44-1-13. Affidavit Showing Heirs, Distributees, Devisees and Legatees of Decedent
§44-1-17. Food and Fuel for Family
§44-1-18. What Estate Not to Be Sold
§44-1-19. Sale of Goods Likely to Be Impaired in Value
§44-1-20. When to Sell Other Goods
§44-1-21. Estate for Life of Another Is Assets
§44-1-22. Suits by and Against
§44-1-23. Actions for Goods Carried Away, Waste or Damage to Estate of or by Decedent
§44-1-24. Action for Waste by Representative
§44-1-25. Administrator De Bonis Non May Have Scire Facias
§44-1-26. Action on Bond of Personal Representative
§44-1-27. Not Chargeable Beyond Assets; Pleas Allowed
§44-1-29. Authority of Personal Representative Concerning Conservation and Preservation Easements
§44-1-30. Death Certificate or Other Proof of Death and Residence May Be Required