At the time of the grant of administration upon the estate of any intestate, the person to whom it is granted shall, in the county commission or before the clerk granting it, give bond, unless not required to post bond by 44-1-8 of this code, and take an oath in substantially the following form: The deceased has left no will so far as he or she knows, and that he or she will faithfully perform the duties of the office to the best of his or her judgment. If a will of the deceased be afterwards admitted to record, or if, after administration is granted to a creditor or other person than a distributee, any distributee who shall not have before refused shall apply for administration, there may be a grant of probate or administration, after reasonable notice to such creditor or other person theretofore appointed, in like manner as if the former grant had not been made, and such former grant shall thereupon cease.
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