West Virginia Code
Article 9. Persons Presumed to Be Dead and Their Estates
§44-9-1. When Person Presumed to Be Dead

In case any person has been or shall be absent for seven or more successive years from the place of his last domicile within this state; or, having been a resident of this state, has heretofore gone from and has not returned to this state for seven or more successive years; or, being a resident of this state, shall hereafter go from and not return to this state for seven or more successive years; or, being a nonresident of this state and being entitled to, or having an interest in, property in this state, has been or shall be absent for seven or more successive years from the place of his last-known domicile; and in any of the foregoing cases shall for such period of time have been, or shall be, unheard of by those who, had he been alive, would naturally have heard of him such person shall, in any case where his death shall come in question, be presumed in law to be dead, in the absence of proof to the contrary, or unless proof be made that he was alive within that time.

Structure West Virginia Code

West Virginia Code

Chapter 44. Administration of Estates and Trusts

Article 9. Persons Presumed to Be Dead and Their Estates

§44-9-1. When Person Presumed to Be Dead

§44-9-1a. When Person in Military Service Presumed to Be Dead; Administration of Estate; When Spouse May Remarry

§44-9-1b. When Person in Area Proclaimed to Be in a State of Emergency Presumed Dead

§44-9-2. Jurisdiction of Estate of Supposed Decedent

§44-9-3. Application for Probate or Administration, and Publication of Notice Thereof

§44-9-4. Ancillary Letters on Estates of Nonresidents Supposed to Be Dead

§44-9-5. Evidence on Such Application; Record Thereof

§44-9-6. Order Declaring Presumption Established; Probate of Will; Letters Testamentary or of Administration; Their Effect; Death Certificate Issued Upon Order

§44-9-7. Powers of Clerk of County Commission

§44-9-8. Personal Representative to Institute Suit to Settle Such Estate

§44-9-9. Publication in Such Suit

§44-9-10. Procedure When Supposed Decedent Fails to Appear

§44-9-11. Distribution of Estate; Refunding Bonds

§44-9-12. Vacation of Prior Proceedings on Reappearance of Supposed Decedent

§44-9-13. Final Accounting of Personal Representative; Effect of His Acts; Title of Purchasers and Distributees

§44-9-14. Substitution of Supposed Decedent in Pending Actions; Opening Judgments; Effect of Judgment After Substitution

§44-9-15. When Laws Relating to Wills and Estates Generally to Govern

§44-9-16. Costs, by Whom Payable