West Virginia Code
Article 4. Bank Deposits and Collections
§46-4-405. Death or Incompetence of Customer

(a) A payor or collecting bank's authority to accept, pay or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.
(b) Even with knowledge a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.

Structure West Virginia Code

West Virginia Code

Chapter 46. Uniform Commercial Code

Article 4. Bank Deposits and Collections

§46-4-101. Short Title

§46-4-102. Applicability

§46-4-103. Variation by Agreement; Measure of Damages; Action Constituting Ordinary Care

§46-4–104. Definitions and Index of Definitions

§46-4-105. "Bank"; &Quot;depositary Bank"; &Quot;intermediary Bank"; &Quot;collecting Bank"; &Quot;payor Bank"; &Quot;presenting bank."

§46-4-106. Payable Through or Payable at Bank; Collecting Bank

§46-4-107. Separate Office of a Bank

§46-4-108. Time of Receipt of Items

§46-4-109. Delays

§46-4-110. Electronic Presentment

§46-4-111. Statute of Limitations

§46-4-201. Status of Collecting Banks as Agent and Provisional Status of Credits; Applicability of Article; Item Indorsed &Quot;pay Any bank."

§46-4-202. Responsibility for Collection or Return; When Action Timely

§46-4-203. Effect of Instructions

§46-4-204. Methods of Sending and Presenting; Sending Directly to Payor Bank

§46-4-205. Depositary Bank Holder of Unindorsed Item

§46-4-206. Transfer Between Banks

§46-4-207. Transfer Warranties

§46-4-208. Presentment Warranties

§46-4-209. Encoding and Retention Warranties

§46-4-210. Security Interest of Collecting Bank in Items, Accompanying Documents and Proceeds

§46-4-211. When Bank Gives Value for Purposes of Holder in Due Course

§46-4-212. Presentment by Notice of Item Not Payable By, Through or at a Bank; Liability of Drawer or Indorser

§46-4-213. Medium and Time of Settlement by Bank

§46-4-214. Right of Charge-Back or Refund; Liability of Collecting Bank; Return of Item

§46-4-215. Final Payment of Item by Payor Bank; When Provisional Debits and Credits Become Final; When Certain Credits Become Available for Withdrawal

§46-4-216. Insolvency and Preference

§46-4-301. Deferred Posting; Recovery of Payment by Return of Items; Time of Dishonor; Return of Items by Payor Bank

§46-4-302. Payor Bank's Responsibility for Late Return of Item

§46-4-303. When Items Subject to Notice, Stop-Payment Order, Legal Process, or Setoff; Order in Which Items May Be Charged or Certified

§46-4-401. When Bank May Charge Customer's Account

§46-4-402. Bank's Liability to Customer for Wrongful Dishonor; Time of Determining Insufficiency of Account

§46-4-403. Customer's Right to Stop Payment; Burden of Proof of Loss

§46-4-404. Bank Not Obligated to Pay Check More Than Six Months Old

§46-4-405. Death or Incompetence of Customer

§46-4-406. Customer's Duty to Discover and Report Unauthorized Signature or Alteration

§46-4-407. Payor Bank's Right to Subrogation on Improper Payment

§46-4-501. Handling of Documentary Drafts; Duty to Send for Presentment and to Notify Customer of Dishonor

§46-4-502. Presentment of &Quot;on Arrival" Drafts

§46-4-503. Responsibility of Presenting Bank for Documents and Goods; Report of Reasons for Dishonor; Referee in Case of Need

§46-4-504. Privilege of Presenting Bank to Deal With Goods; Security Interest for Expenses