If such supposed decedent shall not appear, or satisfactory evidence that he is alive shall not be offered, on or before such date, the circuit court shall review the record from the county court filed in such suit, and, if satisfied that the county court improperly ruled on the facts before it with reference to the presumption of death, may call for and take further proof, and, when satisfied that the presumption of death is properly established, shall then refer the cause to a commissioner in chancery to convene the creditors of such supposed decedent, by publishing notice therefor in the manner provided in proceedings for subjection of a decedent’s real estate to the payment of his debts, and to take proof of the claims of creditors, the amount and nature of the estate of such supposed decedent and the persons entitled thereto; and the cause shall thenceforth be proceeded with as other causes in chancery of a similar nature.
Structure 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
§44-9-1b. 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
§44-9-7. 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
§44-9-15. When Laws Relating to Wills and Estates Generally to Govern