Nothing in this article contained shall be construed to prevent any personal representative, when he shall think it necessary, from commencing any action or suit against any person, or from prosecuting to final judgment or decree any action or suit commenced by the deceased in his lifetime, if the cause of such action or suit survives, for the recovery of any debt or claim, or from having execution on any judgment or decree. The defendant in any such action or suit shall, notwithstanding he may have already filed his claim before a fiduciary commissioner, set off any claim he may have against the deceased, if proper to be allowed as a setoff; and if final judgment or decree shall be rendered in favor of the defendant, the same shall be certified by the clerk of the court rendering it to the fiduciary commissioner before whom the estate of the deceased is pending, and the amount thereof shall be allowed in the same manner as other claims against such estate filed and proved before the fiduciary commissioner.
Structure West Virginia Code
Chapter 44. Administration of Estates and Trusts
Article 2. Proof and Allowance of Claims Against Estates of Decedents
§44-2-1. Reference of Decedents’ Estates; Proceedings Thereon
§44-2-4. Mailing of Notice to Creditors, Distributees and Legatees
§44-2-5. Claims to Be Proved by Vouchers and Affidavits in First Instance
§44-2-6. Claims Taken to Be Proved; Objections to Claims; Hearings; Funeral Expenses
§44-2-7. Claims May Be Presented Before Publication of Notice
§44-2-8. Proof of Contingent or Unliquidated Claims
§44-2-9. Continuances Until All Claims and Objections Passed On
§44-2-10. Personal Representative to Exhibit Offsets to Claims
§44-2-11. How Heir or Devisee May Protect Himself Against Lien on Property
§44-2-12. No Claim Barred by Statute of Limitations to Be Allowed
§44-2-13. Effect of Presenting Claim as to Statute of Limitations
§44-2-14. Advance Payment of Certain Claims
§44-2-17. How Contingent and Unliquidated Claims and Claims Not Matured May Be Provided For
§44-2-18. Exceptions to Fiduciary Commissioner’s Report; Return of Report
§44-2-19. Hearing on Report and Exceptions; Appeal; Effect of Confirmation
§44-2-19a. Reports of Delinquent Filings and Administrative Closing of Unprogressed Estates
§44-2-20. Report of Claims to Be Recorded
§44-2-21. Order in Which Debts of Decedent Are to Be Paid
§44-2-22. Creditors to Be Paid in Order of Classification; When Classes Paid Ratably
§44-2-23. When Personal Representative Not Liable for Funds Distributed
§44-2-24. When Claims and Legacies May Be Paid and Estate Distributed
§44-2-25. When Personal Representative Not Compelled to Make Distribution
§44-2-26. When Claims Not Presented and Proved Barred of Recovery From Personal Representative
§44-2-27. When Distributees and Legatees May Be Sued on Claims; Extent of Liability; Costs