The circuit court may at any time, on satisfactory proof that the supposed decedent is in fact alive, set aside and vacate all proceedings theretofore had in such suit, including the decree of distribution, if such has been entered, and any order or decree entered by it or the county court establishing the presumption of death, and upon doing so shall certify that fact to the county court. The county court shall thereupon revoke the probate of any will of such supposed decedent and the grant of letters testamentary or of administration on his estate: Provided, That in no case shall the supposed decedent file his petition or suit to set aside and vacate such adjudication after the lapse of fifteen years from the date of such adjudication.
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