The personal representative of the estate of such supposed decedent shall, after qualifying, institute a suit in equity in the circuit court of the county in which such personal representative qualified, for the settlement of the estate of such supposed decedent. To such suit the surviving wife or husband, heirs, distributees, devisees, legatees, and all known creditors of the supposed decedent, shall be made parties defendant, and there shall be filed with the bill of complaint therein an attested copy of the complete record of the county court relating to the appointment and qualification of such personal representative, including a copy of the evidence taken to establish the presumption of death.
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