No such order as is mentioned in the preceding section shall, when applied for by petition, be made until notice of the application shall have been given to all persons interested in such trust estate, either by personal service or by publication of such notice as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county wherein the petition is filed. Whether the application be by petition or bill in equity, such order shall not be made until the court shall be satisfied by authentic documentary evidence that the nonresident trustee, administrator, or executor, appointed as aforesaid, has given bond with sufficient security for the faithful execution of the trust, nor until it is satisfied that the payment and removal of such estate out of the state will not prejudice the right of any person interested or to become interested therein.
Structure West Virginia Code
Chapter 44. Administration of Estates and Trusts
Article 11. Transfer of Property of Nonresidents and Residents
§44-11-1. Transfer of Securities of Nonresident Decedent
§44-11-2. Affidavit as to Publication of Notice
§44-11-5. Notice of Application and Evidence Required Before Order of Transfer Made
§44-11-7. What Notice and Evidence Required Before Such Transfer Made
§44-11-8. Court May Order Sale of Property
§44-11-9. Discharge of Guardian, Committee, or Trustee Making Transfer