West Virginia Code
Article 9. Persons Presumed to Be Dead and Their Estates
§44-9-6. Order Declaring Presumption Established; Probate of Will; Letters Testamentary or of Administration; Their Effect; Death Certificate Issued Upon Order

If the commission is satisfied, upon the hearing or from the report of the fiduciary commissioner, that the legal presumption of death is established, the commission shall so declare by order, shall then proceed to hear, and to grant, if proper, the application for probate of the will of such supposed decedent, if such there be, and to grant letters testamentary or of administration, as the case may require, to the party entitled thereto, who shall qualify and give bonds as in cases of persons known to be dead. The probate of any such will and such letters, until revoked, and all acts done in pursuance thereof and in reliance thereupon, shall be as valid as if the supposed decedent were in fact dead.
Immediately upon the entry of such order declaring that the legal presumption of death is established, the commission shall direct the clerk thereof forthwith to make and deliver to the state registrar of vital statistics the order and such personal data and other information from the records of the proceedings as may enable the state registrar of vital statistics to issue a death certificate. Upon receipt of the order, personal data and other information, the registrar of vital statistics shall forthwith issue and deliver by mail unto the clerk of the county commission wherein such order was entered, a death certificate in the form prescribed by law, except that no medical certification shall be required. The clerk shall record such death certificate in the manner set forth in section nineteen, article five, chapter sixteen of this code.

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