West Virginia Code
Article 9. Persons Presumed to Be Dead and Their Estates
§44-9-1b. When Person in Area Proclaimed to Be in a State of Emergency Presumed Dead

A person last seen at any site within the area proclaimed by the Governor on November 5, 1985, to be in a state of emergency as a result of the flooding in this state on or about November 4, 1985, whose body has not been found or identified within six months of the date last seen at such site, and who is unheard of by those who, had he been alive, would naturally have heard of him and whose disappearance can reasonably be believed to have been caused by such flooding 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