If any personal representative after six months from the qualification of the first executor or administrator of the estate, and after the report of claims, if any, has been made by the fiduciary commissioner and been confirmed by the county commission, and after withholding such funds as the fiduciary commissioner shall direct to meet any contingent and unmatured claims and claims in action or suit, shall pay any legacy given by the will, or distribute any of the estate of his decedent in accordance with the fiduciary commissioner’s report as confirmed, if any, or according to law in case of intestacy or according to the will, if any, such personal representative shall not, on account of what is so paid or distributed, be personally liable for any debt or demand against the decedent, whether it be of record or not, unless, within the time fixed for presentation of claims or for suing thereon, such claim was duly presented or action or suit thereon commenced and process served on such personal representative.
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