(a) Subject to the provisions of subsection (c) of this section and to the provisions of article thirteen of this chapter, any power, authority or duty conferred upon the clerk of the county commission with respect to the settlement, regulation and supervision of estates in any provision of this article or in any provision of this code is hereby transferred to the fiduciary supervisor created under the provisions of section three, article three-a of this chapter.
Whenever by any provision of this article any paper, document or record is required or permitted to be recorded, the fiduciary supervisor shall tender the same to the clerk of the county commission and such clerk of the county commission shall admit the same to record and shall record the same at the expense of the personal representative and the fiduciary supervisor shall collect such fees as are required by law for the recordation of such documents and all such fees so collected and paid to the clerk of the county commission shall be disposed of and accounted for in the same manner as if such fees had been collected as for the recordation of deeds.
(b) Any reference of this code to commissioner of accounts or to fiduciary commissioner or to any power, authority or duty conferred upon a commissioner of accounts is hereby intended to mean and in all respects is conferred upon the fiduciary commissioner created by section thirty- five of this article, and, as to matters permitted by law to be done by the fiduciary supervisor, upon such fiduciary supervisor.
(c) Any provision of this article or of article one of this chapter to the contrary notwithstanding, in each county in which there exists a separate tribunal for police and fiscal purposes created under section thirty-four, article VIII of the Constitution of one thousand eight hundred seventy-two, the clerk of the county commission shall have the power and discharge the duties which are by any provision of this chapter conferred upon the fiduciary supervisor or the clerk of the county commission.
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