West Virginia Code
Article 9. Persons Presumed to Be Dead and Their Estates
§44-9-2. Jurisdiction of Estate of Supposed Decedent

Whenever it is believed that facts giving rise to the presumption of death exist with reference to any person, the county court of the county of such person’s last-known domicile in this state, or, if such person was a nonresident of this state, the county court of the county where the greater part of his property within this state may be situated, may be applied to by petition under oath, and shall have jurisdiction, to probate the will of such person, and to grant letters testamentary or of administration upon his estate to the same person, and upon the same procedure, except as otherwise provided in this article, as if such supposed decedent were in fact known to be dead.

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