At the hearing in either of the cases provided for in the preceding two sections, the county commission shall receive all legal evidence as may be offered, for the purpose of ascertaining whether the presumption of death is established; or it may refer the matter to a fiduciary commissioner to take such evidence, and report his findings thereon. No person shall be disqualified as a witness by reason of relationship to the supposed decedent or interests in his estate. All the evidence shall be reduced to writing and preserved in the files of the commission with the record of the case.
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