West Virginia Code
Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option
§44-3A-31. When Personal Representative Not Compelled to Make Distribution

A personal representative shall not be compelled to pay any legacy given by the will, or make distribution of the estate of his decedent, until after a year from the date of the order conferring authority on the first executor or administrator of such decedent, or until four months following such order in the case of settlements made pursuant to section nineteen of this article and not then in either event unless the report of claims against the estate made by the fiduciary supervisor or fiduciary commissioner has been confirmed and no appeal has been taken from the order of confirmation.

Structure West Virginia Code

West Virginia Code

Chapter 44. Administration of Estates and Trusts

Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option

§44-3A-1. Election to Make Article Applicable

§44-3A-2. Nature of Office of Fiduciary Supervisor and Fiduciary Commissioner; Duties of County Commission With Respect to Orders and Findings of Such Supervisor or Commissioner

§44-3A-3. Office of Fiduciary Supervisor Created; General Powers; Qualifications; Tests for Qualification; Training Program; Salary

§44-3A-4. Notice of Claim; Settlement in Certain Cases

§44-3A-4a. Short Form Settlement

§44-3A-5. Reference to Fiduciary Commissioner; Exceptions and Limitations

§44-3A-6. Claims to Be Proved by Vouchers and Affidavits in First Instance

§44-3A-7. Claims to Be Proved; Objections to Claims; Hearings; Funeral Expenses

§44-3A-8. Claims May Be Presented Before Publication of Notice

§44-3A-9. Proof of Contingent or Unliquidated Claims

§44-3A-10. Continuances Until All Claims and Objections Passed On

§44-3A-11. Personal Representative to Exhibit Offsets to Claims

§44-3A-12. How Heir or Devisee May Protect Himself Against Lien on Property

§44-3A-13. No Claim Barred by Statute of Limitations to Be Allowed

§44-3A-14. Effect of Presenting Claim as to Statute of Limitations

§44-3A-15. Advance Payment of Certain Claims

§44-3A-16. Personal Representative Not Precluded From Commencing Action or Suit; Setoff in Such Actions or Suits

§44-3A-17. Fiduciary Commissioner to Report on Claims of Creditors; Report by Fiduciary Supervisor; Assets and Shares of Distributees and Legatees

§44-3A-18. Apportionment of Federal and State Estate Taxes; Fiduciary to Deduct Taxes From Shares of Beneficiaries

§44-3A-19. Summary Settlement Before Fiduciary Supervisor

§44-3A-20. How Contingent and Unliquidated Claims and Claims Not Matured May Be Provided For

§44-3A-21. Exceptions to Fiduciary Supervisor’s or Fiduciary Commissioner’s Report; Return of Report

§44-3A-22. Hearing on Report and Exceptions; Appeal; Effect of Confirmation

§44-3A-23. Exceptions to Report of Fiduciary Supervisor or Fiduciary Commissioner Where No Previous Hearing Was Had; Reference

§44-3A-24. Reports of Delinquent Filings

§44-3A-25. Report of Claims to Be Recorded

§44-3A-26. Order in Which Debts of Decedent Are to Be Paid

§44-3A-27. Creditors to Be Paid in Order of Classification; When Classes Paid Ratably

§44-3A-28. When Personal Representative Not Liable for Funds Distributed

§44-3A-29. When Claims and Legacies May Be Paid and Estate Distributed

§44-3A-30. Accounting for Money Not Disposable at Time of Settlement; Subsequent Distribution of Such Money

§44-3A-31. When Personal Representative Not Compelled to Make Distribution

§44-3A-32. When Claims Not Presented and Proved Barred of Recovery From Personal Representative

§44-3A-33. When Distributees and Legatees May Be Sued on Claims; Extent of Liability; Costs

§44-3A-34. When Enforcement of Lien to Secure Claim Barred

§44-3A-35. Fiduciary Commissioners

§44-3A-36. Fiduciary Commissioners; Powers and Duties Generally

§44-3A-37. Special Fiduciary Commissioners; Continuance of Present References; Compensation

§44-3A-38. Matters That Will Disqualify Fiduciary Commissioners

§44-3A-39. Disposition by Fiduciary Commissioner of Inventories and Accounts of Sales

§44-3A-40. Fiduciary Commissioners to Inspect Bonds of Fiduciaries

§44-3A-41. When County Commission to Refer Controversies to Fiduciary Commissioner; Rules of Procedure

§44-3A-42. Fees to Be Charged by Fiduciary Supervisor or Fiduciary Commissioner; Disposition of Fees

§44-3A-43. County Fiduciary Fund

§44-3A-44. Rules Applicable to Fiduciary Supervisors and Fiduciary Commissioners; Exceptions as to Certain Counties