The hearing on the report of claims returned by a fiduciary commissioner shall be had at the first term of the county commission occurring not earlier than ten days after its return. If there be no exceptions to such report it shall be confirmed, but if excepted to, the county commission shall pass upon the exceptions and make its order thereon, without hearing or receiving any new evidence; but if good cause be shown for the introduction of further proof regarding any matter contained in such report, the report shall be referred back to the fiduciary commissioner for the taking of further proof and the making of a supplemental report. An appeal from the decision of such county commission on such report and exceptions and on the supplemental report and exceptions, if there be such supplemental report, may, without any formal bill of exceptions, be taken to the circuit court of the county. The appeal shall be tried and heard in the circuit court, or before the judge thereof in vacation, on the record made before the fiduciary commissioner and on order of the county commission. After the report of the fiduciary commissioner on the claims against the estate of any decedent has been confirmed by the county commission, or the circuit court on appeal, or corrected and confirmed after appeal, the same shall be forever binding and final.
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