Such personal representative, upon the institution of such suit, shall cause notice to the supposed decedent to be issued by the clerk of the circuit court, that such suit has been instituted and that such supposed decedent, if alive, is required to appear on a certain day of a regular or special term of said court not less than three nor more than six months from the date of the first publication of such notice as hereinafter required. Such notice shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty- nine of this code, and the publication area for such publication shall be the county where the suit is brought. When practicable, such notice shall also be published once a week for two successive weeks in a newspaper published at or near the place where such supposed decedent was last known to reside beyond this state, or in this state, if the supposed decedent was not known to have left the same and such place is in a county other than the one where the suit is pending.
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