West Virginia Code
Article 14. Remedies for the Enforcement of Support Obligations
§48-14-108. Deceased Parties in Support Cases

(a) In the event of the death of any party to a domestic relations support action, support payments or a refund of support payments due to the party by the obligee, obligor or the Bureau for Child Support Enforcement, not in excess of $1,000, may, upon proper demand, be paid, in the absence of actual notice of the pendency of probate proceedings, without requiring letters testamentary or of administration in the following order of preference to decedent's:
(1) Surviving spouse;
(2) Children eighteen years of age and over in equal shares;
(3) Father and mother, or survivor; and
(4) Sisters and brothers.
(b) Payments under this section shall release and discharge the obligee, obligor or the Bureau for Child Support Enforcement to the amount of such payment.

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