No person shall perform the duties of a fiduciary commissioner or special fiduciary commissioner in any matter wherein he will be passing upon his own account or acts; nor, where he will be called to pass upon any account or acts with reference to which he served as attorney or counselor; nor shall he be in any manner interested in the fees or emoluments of any fiduciary whose accounts or acts are before him for any action required by this chapter; nor shall he be surety on the bond of the fiduciary whose accounts are before him or agent of, or pecuniarily associated with another who may be such surety; nor shall he be qualified to act in or pass upon any matter before him in which, were he a judge of the circuit court and the matter were therein pending, he would for any reason be disqualified to serve. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction thereof, shall for each and every violation, be fined not less than fifty nor more than $500 or imprisoned in the county jail for not more than six months, or punished by both fine and imprisonment at the discretion of the court; and upon such conviction his office shall in so facto become vacant.
Structure West Virginia Code
Chapter 44. Administration of Estates and Trusts
§44-3A-1. Election to Make Article Applicable
§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-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-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-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-42. Fees to Be Charged by Fiduciary Supervisor or Fiduciary Commissioner; Disposition of Fees