It is lawful for any guardian, committee or trustee, to compound and compromise any liability due to or from him or her, unless the compounding and compromise is ratified and approved by a court of competent jurisdiction, all parties in interest being before the court by proper process. When the compounding and compromise has been ratified and approved, it is binding on all parties in interest before the court. It is lawful for any personal representative to compound and compromise any liability due to or from him or her, as long as the compounding and compromise is ratified and approved by the fiduciary commissioner to whom the estate or trust has been referred, or by a commissioner appointed by the circuit court when the estate of the decedent is being settled in a chancery suit, and is reported by the fiduciary commissioner to his or her court. When the report is confirmed, the compounding and compromise shall be binding on all parties to the proceedings.
Structure West Virginia Code
Chapter 44. Administration of Estates and Trusts
Article 5. General Provisions as to Fiduciaries
§44-5-2. Fiduciary Records of Circuit Court to Be Deposited in County Clerk’s Office
§44-5-3. Appointment of Nonresident; Bond; Service of Notice and Process; Fees; Penalty
§44-5-4. Who Not to Be Accepted as Surety on Fiduciary’s Bond
§44-5-5. When Additional or New Bond May Be Required of a Fiduciary, or His Authority Be Revoked
§44-5-6. Jurisdiction of Court on Revocation of Fiduciary’s Authority
§44-5-8. How Transfer of Securities to Successor Compelled
§44-5-9. Costs in Proceedings to Compel Fiduciaries to Comply With Law
§44-5-10. Powers of Clerk of County Commission in Certain Counties
§44-5-11. Application Only to Personal Representatives, Curators, and Minor Guardians