If there be no executor appointed by the will, or if all the executors therein named refuse the executorship, or fail when required to give such bond, which shall amount to such refusal, or have died, such court, or clerk thereof during the recess of the regular sessions of such court, may grant administration, with the will annexed, to the person who would have been entitled to administration if there had been no will, and he shall take such oath and give such bond.
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