The county commission shall promulgate by order a schedule of fees or a rate of compensation for the guidance of fiduciary commissioners, based upon the actual time spent and actual services rendered, or both a schedule and a rate of compensation as the commissioners may deem appropriate: Provided, That no fee may be based solely upon the amount of the estate. A copy of these fees or rates shall be posted in a conspicuous place in the county courthouse.
The fiduciary commissioner shall submit to the commission an itemized statement of services rendered and time expended in the settling of every estate, along with a statement of fees charged therefor. The county commission shall review all fees charged by a fiduciary commissioner, and shall approve, disapprove or modify the fee as it may deem appropriate. In reviewing any fee the county commission shall consider the following: (1) The time and labor expended; (2) the difficulty of the questions raised; (3) the skill required to perform properly the services rendered; (4) the customary fee for like work; and (5) any time limitations imposed by the personal representative, any beneficiary, or by the attendant circumstances.
Structure West Virginia Code
Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements
Article 1. Fees and Allowances
§59-1-1. Fee for Use of State Seal
§59-1-2. Fees to Be Charged by Secretary of State
§59-1-2b. Purchase of Voter Registration Lists and Election Data; Fees
§59-1-2c. Young Entrepreneur Reinvestment Act; Certain Fees Waived
§59-1-3. Fees to Be Charged by Auditor
§59-1-5. Violations of Preceding Section
§59-1-6. Fees to Be Charged by Surveyors
§59-1-7. Fees to Be Charged by Notaries Public
§59-1-8. Compensation of Commissioners of Courts
§59-1-9. Compensation of Fiduciary Commissioners; Procedure for Approving
§59-1-10. Fees to Be Charged by Clerk of County Commission
§59-1-11. Fees to Be Charged by Clerk of Circuit Court
§59-1-11a. Additional Costs in Certain Criminal Proceedings
§59-1-12. Payment of Fines by Credit Card or Payment Plan
§59-1-13. Fees to Be Charged by Clerk of Supreme Court of Appeals
§59-1-14. Fees to Be Charged by Sheriffs
§59-1-15. Payments to Sheriffs and Clerks Out of State or County Treasury
§59-1-16. Amount of Allowance to Witnesses for Attendance; How and When Made
§59-1-18. To Whom Fees Charged; Services by Clerks and Sheriffs Without Fees
§59-1-20. Making Out Fee Bills; Motion to Quash Improper Fee Bill; Prepayment of Fees
§59-1-21. Fee Bills of County Clerk
§59-1-22. Duties of Successor of Deceased Clerk With Reference to Fee Books and Fee Bills
§59-1-23. Requisites and Effect of Fee Bills for Services of Deceased Clerk
§59-1-24. Collection of Fees; Receipt
§59-1-26. Limitation on Distress or Suit for Collection of Fees
§59-1-28. Use and Disposition of Fees of Sheriffs, Clerks and Prosecuting Attorneys
§59-1-28a. Disposition of Filing Fees in Civil Actions and Fees for Services in Criminal Cases
§59-1-29. Collection of Such Fees
§59-1-30. Books of Account to Be Kept by Officers
§59-1-31. Monthly Payments; How Credited; Report Required
§59-1-32. Reduction or Remission of Fees Prohibited; Penalty for Default in Payment
§59-1-35. Supervision by Chief Inspector of Public Offices
§59-1-36. Fees and Allowances for Poor Persons