Notwithstanding any other provision of law, if an estate is otherwise ready for final settlement and the personal representative holds any sum or sums of money necessary for the payment or distribution of any contingent, unliquidated, unmatured or disputed bequest or claim, which cannot be paid or distributed because the whereabouts of the claimant or distributee are unknown, or cannot be paid or distributed for any other reason, he may, with the consent of the fiduciary commissioner to whom the estate has been referred, pay such sum or sums to the general receiver of the circuit court in the county in which the estate is being administered. Any such payment, together with a receipt therefor, shall be reflected and shown in said fiduciary commissioner’s final report. After said report is confirmed by the county commission, such personal representative shall not be personally liable for any such aforesaid bequest or claim.
Any person entitled to any funds paid to a general receiver of a circuit court pursuant to the provisions of this section may petition the circuit court in a summary proceeding for an order directing the distribution of such funds. Any person believed to have any claim to or interest in said funds shall be made a party defendant to such petition and shall be given such notice of any hearing thereon as the circuit court may direct. The circuit court shall enter an order directing the distribution of said funds to the person or persons entitled thereto. The costs of said proceedings shall be paid from the funds.
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