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Article 1. Personal Representatives
§44-1-1. Executor Has No Powers Before Qualifying - A person appointed to be the executor of a will...
§44-1-2. Administration With Will Annexed - If there be no executor appointed by the will, or...
§44-1-3. Oath of Executor or Administrator With Will Annexed - The oath of an executor, or of an administrator with...
§44-1-4. Appointment of Intestate Administrator; Affidavit of Heirs of Nonresident Intestate Decedent Without Appointment of Intestate Administrator - (a) When a person dies intestate the jurisdiction to hear...
§44-1-5. When Curator May Be Appointed; His Duties - The county court, or clerk thereof during the recess of...
§44-1-6. Bond and Oath; Termination of Grant in Certain Cases - At the time of the grant of administration upon the...
§44-1-7. Penalty of Bond - (a) Every bond required to be given by an executor...
§44-1-8. When Executor or Administrator Not to Give Bond; When Surety Not Required - (a) Subject to the provisions of section three, article five...
§44-1-9. Administration De Bonis Non Upon Death, Resignation or Removal of Sole Surviving Executor or Administrator; Executor or Administrator of Executor or Administrator Not Authorized to Administer Estate of First Testator or Intestate - In any estate in which there is a will, on...
§44-1-10. Marriage of Female Representative Does Not Extinguish Authority - Where an unmarried woman who is personal representative, either alone...
§44-1-11. When Sheriff to Administer Estate - If at any time two months elapse without there being...
§44-1-12. Letters of Administration - A copy of the order whereby certificate is granted to...
§44-1-13. Affidavit Showing Heirs, Distributees, Devisees and Legatees of Decedent - At the time of the qualification of an executor or...
§44-1-14. Appraisement of Real Estate and Probate Personal Property of Decedents; Disposition; Hiring of Experts - (a) The personal representative of an estate of a deceased...
§44-1-14a. Notice of Administration of Estate; Time Limits for Filing of Objections; Liability of Personal Representative - (a) Within thirty days of the filing of the appraisement...
§44-1-14b. Notice of Ancillary Filing Without Any Administration of Estate; Time Limits for Filing of Objections - (a) Within 30 days of the filing of a foreign...
§44-1-15. Duty of Personal Representative; Debt Not Extinguished by Appointment of Debtor as Executor - It shall be the duty of every personal representative to...
§44-1-16. When Administrator De Bonis Non May Administer Assets for Which Former Personal Representative Liable - When the powers of a personal representative have ceased and...
§44-1-17. Food and Fuel for Family - The provisions and fuel (or so much thereof as may...
§44-1-18. What Estate Not to Be Sold - Unless it be necessary for the payment of funeral expenses,...
§44-1-19. Sale of Goods Likely to Be Impaired in Value - Of the goods not mentioned in the preceding section, other...
§44-1-20. When to Sell Other Goods - If the goods so sold be not sufficient to pay...
§44-1-21. Estate for Life of Another Is Assets - Any estate for the life of another shall go to...
§44-1-22. Suits by and Against - A personal representative may sue or be sued upon any...
§44-1-23. Actions for Goods Carried Away, Waste or Damage to Estate of or by Decedent - A civil action may be maintained by or against a...
§44-1-24. Action for Waste by Representative - A suit may be maintained against the personal representative of...
§44-1-25. Administrator De Bonis Non May Have Scire Facias - Where a suit is pending or a judgment or decree...
§44-1-26. Action on Bond of Personal Representative - Where an execution on a judgment or decree against a...
§44-1-27. Not Chargeable Beyond Assets; Pleas Allowed - No personal representative or any surety of his shall be...
§44-1-28. Payment of Small Sums Due Employees to Distributees of Decedents Upon Whose Estates There Have Been No Qualifications - (a) When the State of West Virginia, any of its...
§44-1-29. Authority of Personal Representative Concerning Conservation and Preservation Easements - (a) Subject to the requirements and conditions of subsection (b)...
§44-1-30. Death Certificate or Other Proof of Death and Residence May Be Required - The clerk of the county commission may require a certified...
§44-1-31. Administration of Oath; Execution of Bond - An oath required in this chapter may be taken before...
Article 1A. West Virginia Small Estate Act
§44-1A-1. Short Title; Definitions - (a) This article may be cited as the West Virginia...
§44-1A-2. Administration of a Small Estate Upon Affidavit and Without Appointment - (a) Notwithstanding any provisions of this code to the contrary,...
§44-1A-3. Payment or Delivery of Small Assets to Authorized Successor - (a) Any person having possession of a small asset of...
§44-1A-4. Discharge and Release of Payor; Treatment of Real Estate in a Small Estate - (a) Any person paying or delivering a small asset pursuant...
§44-1A-5. Construction of Article - (a) The remedies provided by this article are in addition...
Article 2. Proof and Allowance of Claims Against Estates of Decedents
§44-2-1. Reference of Decedents’ Estates; Proceedings Thereon - (a) Upon the return of the appraisement by the personal...
§44-2-4. Mailing of Notice to Creditors, Distributees and Legatees - When the fiduciary commissioner has fixed the time for presentation...
§44-2-5. Claims to Be Proved by Vouchers and Affidavits in First Instance - Every claim against the estate of a decedent shall be...
§44-2-6. Claims Taken to Be Proved; Objections to Claims; Hearings; Funeral Expenses - Every claim so itemized, so accompanied by proper vouchers, and...
§44-2-7. Claims May Be Presented Before Publication of Notice - Claims against any decedent’s estate may be filed with or...
§44-2-8. Proof of Contingent or Unliquidated Claims - Whenever at the death of any person there shall be...
§44-2-9. Continuances Until All Claims and Objections Passed On - The commissioner may adjourn from time to time the hearing...
§44-2-10. Personal Representative to Exhibit Offsets to Claims - When a creditor against whom the deceased had any claim...
§44-2-11. How Heir or Devisee May Protect Himself Against Lien on Property - Any heir or devisee entitled to have any lien on...
§44-2-12. No Claim Barred by Statute of Limitations to Be Allowed - No claim barred by any statute of limitations shall be...
§44-2-13. Effect of Presenting Claim as to Statute of Limitations - The filing with or presentation to the fiduciary commissioner or...
§44-2-14. Advance Payment of Certain Claims - The fiduciary commissioner may authorize, and the personal representative may...
§44-2-15. Personal Representative Not Precluded From Commencing Action or Suit; Setoff in Such Actions or Suits - Nothing in this article contained shall be construed to prevent...
§44-2-16. Fiduciary Commissioner to Report on Claims of Creditors, Assets and Shares of Distributees and Legatees - After the completion of the hearings for the presentation of...
§44-2-16a. Apportionment of Federal and State Estate Taxes; Fiduciary to Deduct Taxes From Shares of Beneficiaries - (1) For the purposes of this section the term “persons...
§44-2-17. How Contingent and Unliquidated Claims and Claims Not Matured May Be Provided For - The fiduciary commissioner in his report on claims shall direct...
§44-2-18. Exceptions to Fiduciary Commissioner’s Report; Return of Report - After preparing a report of claims as hereinafter provided, the...
§44-2-19. Hearing on Report and Exceptions; Appeal; Effect of Confirmation - The hearing on the report of claims returned by a...
§44-2-19a. Reports of Delinquent Filings and Administrative Closing of Unprogressed Estates - (a) On the last day of December and June of...
§44-2-20. Report of Claims to Be Recorded - The report of claims, and the supplemental report of claims,...
§44-2-21. Order in Which Debts of Decedent Are to Be Paid - (a) If the applicable assets of the estate are insufficient...
§44-2-22. Creditors to Be Paid in Order of Classification; When Classes Paid Ratably - No payment shall be made to creditors of any one...
§44-2-23. When Personal Representative Not Liable for Funds Distributed - If any personal representative after six months from the qualification...
§44-2-24. When Claims and Legacies May Be Paid and Estate Distributed - After the report of a fiduciary commissioner, if any, on...
§44-2-24a. Accounting for Money Not Disposable at Time of Settlement; Subsequent Distribution of Such Money - Notwithstanding any other provision of law, if an estate is...
§44-2-25. When Personal Representative Not Compelled to Make Distribution - A personal representative shall not be compelled to pay any...
§44-2-26. When Claims Not Presented and Proved Barred of Recovery From Personal Representative - Every person including the State Tax Commissioner, having a claim...
§44-2-27. When Distributees and Legatees May Be Sued on Claims; Extent of Liability; Costs - (a) Every creditor who has not presented his claim to...
§44-2-28. When Enforcement of Lien to Secure Claim Barred - When the right to bring action or suit against distributees...
§44-2-29. Waiver of Final Settlement - In all estates of decedents subject to administration under this...
Article 3. Fiduciary Commissioners; Powers and Duties
§44-3-1. Fiduciary Commissioners - The office previously known as commissioner of accounts is hereby...
§44-3-2. Fiduciary Commissioners; Powers and Duties Generally - The fiduciary commissioners shall have general supervision of all fiduciary...
§44-3-3. Special Fiduciary Commissioners - When, from any cause, none of the fiduciary commissioners can...
§44-3-4. Matters That Will Disqualify Fiduciary Commissioner - No person shall perform the duties of a fiduciary commissioner...
§44-3-5. Disposition by Fiduciary Commissioner of Inventories - The clerk of the county commission shall inspect all appraisements...
§44-3-6. Fiduciary Commissioner to Inspect Bonds of Fiduciaries - Each fiduciary commissioner shall, at least once each month, ascertain...
§44-3-7. When County Commission to Refer Controversies to Fiduciary Commissioner; Rules of Procedure - The county commission, whenever any controversy arises in connection with...
Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option
§44-3A-1. Election to Make Article Applicable - (a) Any county commission which has not heretofore elected to...
§44-3A-2. Nature of Office of Fiduciary Supervisor and Fiduciary Commissioner; Duties of County Commission With Respect to Orders and Findings of Such Supervisor or Commissioner - Except as may be provided in article thirteen of this...
§44-3A-3. Office of Fiduciary Supervisor Created; General Powers; Qualifications; Tests for Qualification; Training Program; Salary - (a) There is hereby created within the county commission an...
§44-3A-4. Notice of Claim; Settlement in Certain Cases - (a) The fiduciary supervisor shall at least once a month...
§44-3A-4a. Short Form Settlement - (a) In all estates of decedents administered under the provisions...
§44-3A-5. Reference to Fiduciary Commissioner; Exceptions and Limitations - When the personal representative shall deliver to the fiduciary supervisor,...
§44-3A-6. Claims to Be Proved by Vouchers and Affidavits in First Instance - Every claim against the estate of a decedent shall be...
§44-3A-7. Claims to Be Proved; Objections to Claims; Hearings; Funeral Expenses - Every claim so itemized, so accompanied by proper vouchers, and...
§44-3A-8. Claims May Be Presented Before Publication of Notice - Claims against any decedent’s estate may be filed with or...
§44-3A-9. Proof of Contingent or Unliquidated Claims - Whenever at the death of any person there shall be...
§44-3A-10. Continuances Until All Claims and Objections Passed On - The fiduciary supervisor may adjourn from time to time the...
§44-3A-11. Personal Representative to Exhibit Offsets to Claims - When a creditor against whom the deceased had any claim...
§44-3A-12. How Heir or Devisee May Protect Himself Against Lien on Property - Any heir or devisee entitled to have any lien on...
§44-3A-13. No Claim Barred by Statute of Limitations to Be Allowed - No claim barred by any statute of limitations shall be...
§44-3A-14. Effect of Presenting Claim as to Statute of Limitations - The filing or presentation of any claim against the estate...
§44-3A-15. Advance Payment of Certain Claims - The fiduciary supervisor or fiduciary commissioner to whom the matter...
§44-3A-16. Personal Representative Not Precluded From Commencing Action or Suit; Setoff in Such Actions or Suits - Nothing in this article contained shall be construed to prevent...
§44-3A-17. Fiduciary Commissioner to Report on Claims of Creditors; Report by Fiduciary Supervisor; Assets and Shares of Distributees and Legatees - If an estate has been referred generally to a fiduciary...
§44-3A-18. Apportionment of Federal and State Estate Taxes; Fiduciary to Deduct Taxes From Shares of Beneficiaries - (a) For the purposes of this section the term “persons...
§44-3A-19. Summary Settlement Before Fiduciary Supervisor - (a) At any time after the expiration of the period...
§44-3A-20. How Contingent and Unliquidated Claims and Claims Not Matured May Be Provided For - The fiduciary supervisor or fiduciary commissioner, as may be, in...
§44-3A-21. Exceptions to Fiduciary Supervisor’s or Fiduciary Commissioner’s Report; Return of Report - After preparing his report of claims the fiduciary supervisor or...
§44-3A-22. Hearing on Report and Exceptions; Appeal; Effect of Confirmation - A hearing on the report of claims returned by the...
§44-3A-23. Exceptions to Report of Fiduciary Supervisor or Fiduciary Commissioner Where No Previous Hearing Was Had; Reference - In all cases wherein exception has been taken to the...
§44-3A-24. Reports of Delinquent Filings - (a) On the last day of December and June of...
§44-3A-25. Report of Claims to Be Recorded - The report of claims, and the supplemental report of claims,...
§44-3A-26. Order in Which Debts of Decedent Are to Be Paid - (a) If the applicable assets of the estate are insufficient...
§44-3A-27. Creditors to Be Paid in Order of Classification; When Classes Paid Ratably - Notwithstanding the provisions of section nineteen of this article, no...
§44-3A-28. When Personal Representative Not Liable for Funds Distributed - If any personal representative after one year from the qualification...
§44-3A-29. When Claims and Legacies May Be Paid and Estate Distributed - After the report of the fiduciary supervisor or the fiduciary...
§44-3A-30. Accounting for Money Not Disposable at Time of Settlement; Subsequent Distribution of Such Money - Notwithstanding any other provision of law, if an estate is...
§44-3A-31. When Personal Representative Not Compelled to Make Distribution - A personal representative shall not be compelled to pay any...
§44-3A-32. When Claims Not Presented and Proved Barred of Recovery From Personal Representative - Every person having a claim against a deceased person, whether...
§44-3A-33. When Distributees and Legatees May Be Sued on Claims; Extent of Liability; Costs - Every creditor who shall not have presented his claim to...
§44-3A-34. When Enforcement of Lien to Secure Claim Barred - When the right to bring an action against distributees and...
§44-3A-35. Fiduciary Commissioners - The county commission of each county shall appoint not more...
§44-3A-36. Fiduciary Commissioners; Powers and Duties Generally - The fiduciary commissioners shall have general or limited supervision, as...
§44-3A-37. Special Fiduciary Commissioners; Continuance of Present References; Compensation - (a) When, from any cause, none of the fiduciary commissioners...
§44-3A-38. Matters That Will Disqualify Fiduciary Commissioners - No person shall perform the duties of a fiduciary commissioner...
§44-3A-39. Disposition by Fiduciary Commissioner of Inventories and Accounts of Sales - The fiduciary commissioner shall inspect all inventories and accounts of...
§44-3A-40. Fiduciary Commissioners to Inspect Bonds of Fiduciaries - Each fiduciary commissioner shall, at least once each month, ascertain...
§44-3A-41. When County Commission to Refer Controversies to Fiduciary Commissioner; Rules of Procedure - The county commission, whenever any controversy arises in connection with...
§44-3A-42. Fees to Be Charged by Fiduciary Supervisor or Fiduciary Commissioner; Disposition of Fees - (a) When necessary solely for the purpose of financing the...
§44-3A-43. County Fiduciary Fund - (a) The county commission, or tribunal in lieu thereof, shall...
§44-3A-44. Rules Applicable to Fiduciary Supervisors and Fiduciary Commissioners; Exceptions as to Certain Counties - (a) Subject to the provisions of subsection (c) of this...
Article 4. Accounting by Fiduciaries
§44-4-1. Record of Appraisements - Every appraisement returned under this article shall be recorded by...
§44-4-2. Fiduciaries to Exhibit Accounts for Settlement - A statement of all the money, and an inventory of...
§44-4-3. Fiduciaries From Whom Inventories, Appraisals or Accounts Are Due When This Article Effective May Be Proceeded Against - Any fiduciary who has been appointed or qualified before this...
§44-4-4. Fiduciaries of Small Estates May Account Once in Three Years - A fiduciary who is in charge of a trust fund,...
§44-4-5. Examination of Bonds at Time of Accounting, and When Requested by Interested Party - When any fiduciary, except a sheriff, presents the statement required...
§44-4-6. Settlements for Previous Years; Objections to Account - When a fiduciary commissioner has before him for settlement the...
§44-4-7. Failure to Account Forfeits Commissions Unless Allowed by Circuit Court or County Commission - If any fiduciary fails to present to the fiduciary commissioner,...
§44-4-8. How Accounting Compellable by Person Interested - If any fiduciary fails to present to a fiduciary commissioner...
§44-4-9. Publication of List of Fiduciaries Prior to Settlements - Every fiduciary commissioner shall, on the first Monday of every...
§44-4-10. Securities and Moneys to Be Exhibited to Fiduciary Commissioner - In settling the account of any fiduciary, the fiduciary commissioner...
§44-4-11. Liability for Losses or Failure to Make Defense - If any personal representative, guardian, curator or committee shall, by...
§44-4-12. Compensation and Expenses of Fiduciaries - The fiduciary commissioner in stating and settling the account shall...
§44-4-12a. Compensation and Expenses of Personal Representatives - (a) Personal representatives, as defined in section one, article one,...
§44-4-13. Receipt to Be Given Fiduciaries for Vouchers - Any fiduciary commissioner or commissioner in chancery, having before him...
§44-4-14. Reports of Fiduciary Commissioner - Every account stated under this article shall be reported with...
§44-4-14a. Final Settlement by Fiduciaries for Decedent's Estates; Penalty - (a) The provisions of this chapter notwithstanding, every fiduciary for...
§44-4-15. Exceptions to Report - Upon completion of such report of settlement of account the...
§44-4-16. Filing of Report and Vouchers - The fiduciary commissioner shall file the report in the office...
§44-4-17. Examination and Correction or Recommittal of Report - The county commission, at its first regular term occurring not...
§44-4-18. Effect of Confirmation of Report; How Made Conclusive - The report, to the extent to which it may be...
§44-4-19. Investment of Funds May Be Ordered - When it appears by a report made as aforesaid or...
§44-4-20. Disbursement of Balance After Settlement; Suit to Compel Disbursement; Final Report of Fiduciary Following Disbursement - When a county commission has confirmed, either in whole or...
§44-4-21. How Fiduciary Accounts Settled in Suits to Be Recorded - When the account of any fiduciary is settled in a...
§44-4-22. Application Only to Personal Representatives, Guardians, Curators or Committees - The provisions of this article apply only to personal representatives,...
Article 5. General Provisions as to Fiduciaries
§44-5-1. List of Fiduciaries - (a) The clerk of the county commission of each county...
§44-5-2. Fiduciary Records of Circuit Court to Be Deposited in County Clerk’s Office - The circuit court of each county shall, as soon as...
§44-5-3. Appointment of Nonresident; Bond; Service of Notice and Process; Fees; Penalty - (a) Notwithstanding any other provision of law, no individual who...
§44-5-4. Who Not to Be Accepted as Surety on Fiduciary’s Bond - A judge of the circuit court, member of the county...
§44-5-5. When Additional or New Bond May Be Required of a Fiduciary, or His Authority Be Revoked - The county commission under whose order, or under the order...
§44-5-6. Jurisdiction of Court on Revocation of Fiduciary’s Authority - After the date of any order revoking and annulling the...
§44-5-7. Authority of Personal Representatives to Compound and Compromise Liabilities Due to or From Them - It is lawful for any guardian, committee or trustee, to...
§44-5-8. How Transfer of Securities to Successor Compelled - When any securities for money loaned or invested, or any...
§44-5-9. Costs in Proceedings to Compel Fiduciaries to Comply With Law - The costs of any proceedings, authorized or directed to be...
§44-5-10. Powers of Clerk of County Commission in Certain Counties - In each county in which there exists a separate tribunal...
§44-5-11. Application Only to Personal Representatives, Curators, and Minor Guardians - The provisions of this article apply only to personal representatives,...
Article 5A. Powers of Fiduciaries
§44-5A-1. Definition - As used in this article, the term “fiduciary” means the...
§44-5A-2. Incorporation by Reference of Enumerated Powers by Testator; Restriction on Exercise of Powers - (a) After June 30, 2011, by an intention of the...
§44-5A-3. Powers Which May Be Incorporated by Reference in Trust Instrument - The following powers may be incorporated by reference by a...
§44-5A-4. Designation of Testamentary Trustee as Beneficiary of Insurance - A policy of life insurance may contain a designation of...
§44-5A-5. Distribution of Assets in Satisfaction of Pecuniary Bequests; Authority of Fiduciaries to Enter Into Certain Agreements; Validating Certain Agreements; Providing for Discretionary Division of Trusts for Tax, Administrative or Other Purposes - (a) Where a will, trust or other governing instrument authorizes...
§44-5A-6. Restrictions on Exercise of Power for Fiduciary’ Benefit - (a) A power conferred upon a person in his or...
§44-5A-7. Powers of Fiduciaries Regarding Environmental Laws - (a) For purposes of this section: (1) “Environmental law” means...
Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act
§44-5B-1. Short Title - This article may be cited as the West Virginia Uniform...
§44-5B-2. Definitions - In this article: “Account” means an arrangement under a terms-of-service...
§44-5B-3. Applicability - (a) This article applies to: (1) A fiduciary acting under...
§44-5B-4. User Direction for Disclosure of Digital Assets - (a) A user may use an online tool to direct...
§44-5B-5. Terms of Service Agreement - (a) This article does not change or impair a right...
§44-5B-6. Procedure for Disclosing Digital Assets - (a) When disclosing digital assets of a user under this...
§44-5B-7. Disclosure of Content of Electronic Communications of Deceased User - If a deceased user consented or a court directs disclosure...
§44-5B-8. Disclosure of Other Digital Assets of Deceased User - Unless the user prohibited disclosure of digital assets or the...
§44-5B-9. Disclosure of Content of Electronic Communications of Principal - To the extent a power of attorney expressly grants an...
§44-5B-10. Disclosure of Other Digital Assets of Principal - Unless otherwise ordered by the court, directed by the principal,...
§44-5B-11. Disclosure of Digital Assets Held in Trust When Trustee Is Original User - Unless otherwise ordered by the court or provided in a...
§44-5B-12. Disclosure of Contents of Electronic Communications Held in Trust When Trustee Not Original User - Unless otherwise ordered by the court, directed by the user,...
§44-5B-13. Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User - Unless otherwise ordered by the court, directed by the user,...
§44-5B-14. Disclosure of Digital Assets to Conservator of Protected Person - (a) After an opportunity for a hearing under §44A-1-1 et...
§44-5B-15. Fiduciary Duty and Authority - (a) The legal duties imposed on a fiduciary charged with...
§44-5B-16. Custodian Compliance and Immunity - (a) Not later than 60 days after receipt of the...
§44-5B-17. Uniformity of Application and Construction - In applying and construing this uniform act, consideration must be...
§44-5B-18. Relation to Electronic Signatures in Global and National Commerce Act - This article modifies, limits, or supersedes the Electronic Signatures in...
§44-5B-19. Severability - If any provision of §44-5B-1 et seq. of this code...
Article 6. Investments by Fiduciaries
§44-6-1. Fiduciaries to Put Money Out at Interest - (a) Executors, administrators, guardians, curators, committees or trustees may, by...
§44-6-2. In What Securities Fiduciaries May Invest Trust Funds - Any executor, administrator, guardian, curator, committee, trustee or other fiduciary...
§44-6-3. Authority for Investment - When any fiduciary desires the authority or direction of the...
§44-6-4. Beneficiaries May Have Fiduciary Instructed by Court as to Investments - The circuit court of the county where any fiduciary qualified,...
§44-6-5. Application to Circuit Court for Directions Regarding Estate Held to Meet a Contingency - Whenever, under the provisions of a will, it shall be...
§44-6-6. Establishment of Common Trust Funds; Investments - (a) Any bank or trust company qualified to act as...
§44-6-7. Accounting Required of Fiduciaries as to Common Trust Funds - Unless ordered by a court of competent jurisdiction, the bank...
§44-6-8. How §§44-6-6 to 44-6-8 Cited; Purpose; Provisions Severable - This act, being said sections six, seven and eight of...
§44-6-9. Investment of Trust Assets in Mutual Funds; Investments in Mutual Fund Companies Otherwise Served by the Bank; Investment of Trust Assets in Time Deposits - (a) A bank or trust company qualified and acting in...
§44-6-10. Purchase of Service or Product Through or Directly From Bank or Trust Company or Affiliate - (a) A bank or trust company acting in any fiduciary...
§44-6-11. Application Only to Executors, Administrators, Guardians, Curators or Committees - The provisions of this article apply only to executors, administrators,...
Article 6A. Uniform Management of Institutional Funds Act
§44-6A-1. Short Title - This article may be cited as the "Uniform Prudent Management...
§44-6A-2. Definitions - In this article: (1) "Charitable purpose" means the relief of...
§44-6A-3. Standard of Conduct in Managing and Investing Institutional Fund - (a) Subject to the intent of a donor expressed in...
§44-6A-4. Appropriation for Expenditure or Accumulation of Endowment Fund; Rules of Construction - (a) Subject to the intent of a donor expressed in...
§44-6A-5. Delegation of Management and Investment Functions - (a) Subject to any specific limitation set forth in a...
§44-6A-6. Release or Modification of Restrictions on Management, Investment, or Purpose - Without limiting the options otherwise available to an institution under...
§44-6A-7. Reviewing Compliance - Compliance with this article is determined in light of the...
§44-6A-8. Application to Existing Institutional Funds - This article applies to institutional funds existing on or established...
§44-6A-9. Relation to Electronic Signatures in Global and National Commerce Act - This article modifies, limits, and supersedes the Electronic Signatures in...
§44-6A-10. Uniformity of Application and Construction - In applying and construing this uniform act, consideration must be...
Article 6B. West Virginia Trust Fund
§44-6B-1. To 44-6b-12 - Repealed. Acts, 1997 Reg. Sess., Ch. 95.
Article 6C. Uniform Prudent Investor Act
§44-6C-1. Prudent Investor Rule - (a) Except as otherwise provided in subsection (b) of this...
§44-6C-2. Standard of Care; Portfolio Strategy; Risk and Return Objectives - (a) A trustee shall invest and manage trust assets as...
§44-6C-3. Diversification - A trustee shall diversify the investments of the trust unless...
§44-6C-4. Duties at Inception of Trusteeship - Within a reasonable time after accepting a trusteeship or receiving...
§44-6C-5. Loyalty - A trustee shall invest and manage the trust assets solely...
§44-6C-6. Impartiality - If a trust has two or more beneficiaries, the trustee...
§44-6C-7. Investment Costs - In investing and managing trust assets, a trustee may only...
§44-6C-8. Reviewing Compliance - Compliance with the prudent investor rule is determined in light...
§44-6C-9. Delegation of Investment and Management Functions - (a) A trustee may delegate investment and management functions that...
§44-6C-10. Language Invoking Standard of Article - The following terms or comparable language in the provisions of...
§44-6C-11. Application to Existing Trusts - This article applies to trusts existing on and created after...
§44-6C-12. Uniformity of Application and Construction - This article shall be applied and construed to effectuate its...
§44-6C-13. Short Title - This article may be cited as the “West Virginia Uniform...
§44-6C-14. Severability - If any provision of this article or its application to...
§44-6C-15. Effective Date - This article takes effect on July 1, 1996.
Article 7. Resignation of Fiduciaries and Procedure Upon Resignation
§44-7-1. Fiduciary Desiring to Resign to File Petition; Summons Thereon - A personal representative or curator desiring to resign his or...
§44-7-2. Copy of Petition and Summons to Be Served on Fiduciary Commissioner - Such fiduciary as is mentioned in the preceding section shall...
§44-7-3. Hearing on Petition - When the summons has been served upon all the parties...
§44-7-4. Application Only to Personal Representatives, Curators or Minor Guardians - The provisions of this article apply only to personal representatives,...
Article 8. Real Estate of Decedents
§44-8-1. Sale, Conveyance and Management of Decedent’s Real Estate; Powers of Executor and Administrator With Will Annexed - Real estate devised to be sold shall, if no person...
§44-8-2. Rents, Profits or Proceeds of Sale to Be Paid to Persons Entitled - It shall be one of the duties of an executor...
§44-8-3. Real Estate to Be Assets for Payment of Debts - All real estate of any person who may hereafter die,...
§44-8-4. By What Court Assets Administered - Such assets, so far as they may be in the...
§44-8-5. Liability of Heir or Devisee for Real Estate Conveyed; When Such Real Estate Not Liable - Any heir or devisee who shall sell and convey any...
§44-8-6. Heir or Devisee Liable in Equity; Judgment Against Personal Representative Prima Facie Evidence - An heir or devisee may be sued in equity by...
§44-8-7. Suit to Subject Real Estate to Payment of Debts; Parties; Evidence - When the personal estate of a decedent is insufficient for...
§44-8-7a. Jurisdiction of Court in Suits to Subject Real Estate of Decedents to Payment of Their Debts - In every suit under the preceding section, whether brought by...
§44-8-8. Reference to Special Commissioner and Publication of Notice to Creditors in Such Suit - No decree for the distribution of the proceeds of the...
§44-8-9. Decree of Distribution; Claims Barred When - When such suit shall be fully matured for hearing and...
§44-8-10. No Costs Recoverable In, and Injunction Against, Second Suit - After the commencement of any such suit as aforesaid, if...
Article 9. Persons Presumed to Be Dead and Their Estates
§44-9-1. When Person Presumed to Be Dead - In case any person has been or shall be absent...
§44-9-1a. When Person in Military Service Presumed to Be Dead; Administration of Estate; When Spouse May Remarry - Presumptive findings of death of any person engaged in any...
§44-9-1b. When Person in Area Proclaimed to Be in a State of Emergency Presumed Dead - A person last seen at any site within the area...
§44-9-2. Jurisdiction of Estate of Supposed Decedent - Whenever it is believed that facts giving rise to the...
§44-9-3. Application for Probate or Administration, and Publication of Notice Thereof - Whenever letters testamentary or of administration are applied for on...
§44-9-4. Ancillary Letters on Estates of Nonresidents Supposed to Be Dead - Whenever letters testamentary or of administration shall have been granted...
§44-9-5. Evidence on Such Application; Record Thereof - At the hearing in either of the cases provided for...
§44-9-6. Order Declaring Presumption Established; Probate of Will; Letters Testamentary or of Administration; Their Effect; Death Certificate Issued Upon Order - If the commission is satisfied, upon the hearing or from...
§44-9-7. Powers of Clerk of County Commission - The clerk of any county commission during the recess of...
§44-9-8. Personal Representative to Institute Suit to Settle Such Estate - The personal representative of the estate of such supposed decedent...
§44-9-9. Publication in Such Suit - Such personal representative, upon the institution of such suit, shall...
§44-9-10. Procedure When Supposed Decedent Fails to Appear - If such supposed decedent shall not appear, or satisfactory evidence...
§44-9-11. Distribution of Estate; Refunding Bonds - When the commissioner in chancery has rendered his report, and...
§44-9-12. Vacation of Prior Proceedings on Reappearance of Supposed Decedent - The circuit court may at any time, on satisfactory proof...
§44-9-13. Final Accounting of Personal Representative; Effect of His Acts; Title of Purchasers and Distributees - The circuit court shall, when the prior proceedings have been...
§44-9-14. Substitution of Supposed Decedent in Pending Actions; Opening Judgments; Effect of Judgment After Substitution - After revocation of the letters and vacation of the order...
§44-9-15. When Laws Relating to Wills and Estates Generally to Govern - As to matters not specially provided for in this article,...
§44-9-16. Costs, by Whom Payable - The costs attending the issuance of letters testamentary or of...
Article 10. Guardians and Wards Generally
§44-10-1. Testamentary Guardians - Every father or mother, may, by last will and testament,...
§44-10-2. Appointment Void for Renunciation or Failure to Qualify - If any person so appointed shall renounce the trust, or...
§44-10-3. Appointment and Termination of Guardian for a Minor - (a) The circuit court and family court have concurrent jurisdiction...
§44-10-4. Right of Minor to Nominate Guardian - (a) If the minor is above the age of fourteen...
§44-10-5. Bond of Guardian - (a) Every guardian, except in the case of a testamentary...
§44-10-6. Curator; Bond; Powers and Duties - Until a guardian gives bond, or while there is no...
§44-10-7. Management of Ward's Estate; Maintenance, Education and Custody; Duration of Guardianship; Settlement - Every guardian who is appointed as aforesaid, and gives bond...
§44-10-8. Disbursements and Expenditures by Guardians From Income and Corpus of Estates of Infant Wards - No disbursements, beyond the annual income of the ward’s estate,...
§44-10-9. Sale of Personal Estate to Pay Excess Beyond Income - When any such disbursements shall be so allowed, the court...
§44-10-10. When Guardian to Pay Interest - If any balance, whether of profits received or estimated, or...
§44-10-11. Compound Interest Recoverable - Any person acting as guardian shall have the right to...
§44-10-12. Time Allowed Guardian for Investment of Funds - Whenever a guardian shall collect any principal or interest belonging...
§44-10-13. Powers of Chancery Courts Over Guardians; When and How Real Estate May Be Sold for Maintenance and Education of Wards - The circuit court, in chancery, may hear and determine all...
§44-10-14. Minor Settlement Proceedings - This section shall be known as the "Minor Settlement Proceedings...
§44-10-16. Settlement of Derivative Claims - (a) Nothing contained in this article may limit the derivative...
Article 10A. Guardians of Mentally Retarded and Mentally Handicapped Persons
§44-10A-1. To 44-10a-6 - Repealed. Acts, 1994 Reg. Sess., Ch. 64.
Article 11. Transfer of Property of Nonresidents and Residents
§44-11-1. Transfer of Securities of Nonresident Decedent - Any bonds or other securities issued by this state or...
§44-11-2. Affidavit as to Publication of Notice - There shall be filed, with such officer or agent as...
§44-11-3. Transfer of Property of Nonresident Infant or Insane Person to Foreign Guardian or Committee - When any infant or insane person, entitled to property or...
§44-11-4. How Proceeds of Sale of Real Estate of Nonresident Infant, Insane Person, or Cestui Que Trust Transferred to Foreign Guardian, Committee or Trustee - When the proceeds of sale of real estate of an...
§44-11-5. Notice of Application and Evidence Required Before Order of Transfer Made - No such order as is mentioned in the two preceding...
§44-11-6. How Personal Estate in Hands of Resident Trustee, Belonging to Nonresident Beneficiaries, Transferred - When any personal estate in this state is vested in...
§44-11-7. What Notice and Evidence Required Before Such Transfer Made - No such order as is mentioned in the preceding section...
§44-11-8. Court May Order Sale of Property - If, in any proceeding or suit under the third or...
§44-11-8a. Removal of Property of Resident Infant, Incompetent or Insane Person From This State by Nonresident Testamentary Guardian or Nonresident Committee - (a) No property or money in this state belonging to...
§44-11-9. Discharge of Guardian, Committee, or Trustee Making Transfer - When any guardian, committee, trustee, or other person in this...
§44-11-10. Judge of Circuit Court May Act in Vacation - The judge of the circuit court in vacation, on such...
Article 12. Powers of Clerk in Vacation of County Court
§44-12-1. What Clerk May Do in Vacation of County Court - The clerk of any county court in the vacation of...
§44-12-2. Report by Clerk to County Court; Hearing on Same - The probate of every will and the appointment of every...
§44-12-3. Confirmation of Action of Clerk - When the probate of such will, or the appointment of...
§44-12-4. Costs - When objection is made to the action of the clerk,...
Article 13. Powers and Duties of Clerks of County Courts in Counties Having Separate Tribunal for Police and Fiscal Purposes
§44-13-1. Powers of Clerk of County Court Where Separate Tribunal for Police and Fiscal Purposes - In every county in which now exists a tribunal for...
§44-13-2. Who Shall Act When Such Clerk Interested - In any matter with respect to which such clerk shall...
§44-13-3. Such Clerk Not to Impanel a Jury for Settlement of Questions of Fact - No jury shall be impaneled before such clerk to settle...
§44-13-4. Record and Order Books to Be Kept by Such Clerk - Such clerk shall, respecting the matters of which he is...
§44-13-4a. Reporting of Foreclosure Statistics - Beginning with the third quarter of 2010, the clerk of...
§44-13-5. Duties of Such Clerk as to Acts to Be Performed at Stated Times - When any act is required to be done by clerks...
§44-13-6. How Decisions and Orders of Such Clerk Reviewed - Appeals from the decision rendered and orders made by such...
Article 15. Veterans’ Guardianship and Commitment
§44-15-1. Scope of Article - Whenever, pursuant to any law of the United States or...
§44-15-2. When Unlawful for Person to Accept Appointment as Guardian; Removal - Except as hereinafter provided, it shall be unlawful for any...
§44-15-3. Petition for Appointment - A petition for the appointment of a guardian may be...
§44-15-4. Evidence of Necessity for Appointment of Guardian of Minor Ward - Where a petition is filed for the appointment of a...
§44-15-5. Evidence of Necessity for Appointment of Guardian or Committee of Mentally Incompetent Ward - Where a petition is filed for the appointment of a...
§44-15-6. Notice - Upon the filing of a petition for the appointment of...
§44-15-7. Qualifications and Bond of Guardian - Before making an appointment under the provisions of this article...
§44-15-8. Settlement of Accounts - Every guardian, who shall receive on account of his ward...
§44-15-9. Failure to Make Settlement - If any guardian shall fail to file any account of...
§44-15-10. Compensation - Compensation payable to the guardian shall not exceed five percent...
§44-15-11. Investment of Funds - Every guardian shall invest the funds of the estate in...
§44-15-12. Disbursements for Support of Persons Other Than Ward - A committee shall not apply any portion of the income...
§44-15-13. Certified Copies of Necessary Public Records Furnished Without Cost - Whenever a copy of any public record is required by...
§44-15-14. Commitment to Veterans Administration or Other Agency of United States Government - Whenever it appears that a veteran of any war, military...
§44-15-15. Discharge of Guardian - When a ward for whom a guardian has been appointed...
§44-15-16. Construction of Article - This article shall be construed liberally to secure the beneficial...
§44-15-17. How Cited - This article may be cited as the “Uniform Veterans’ Guardianship...
§44-15-18. Invalidity of Part of Article - The invalidity of any portion of this article shall not...
Article 16. Trusts for Children With Autism
§44-16-1. Definitions - For purposes of this article, the following terms have the...
§44-16-2. Creation of a Qualified Trust for a Child With Autism - (a) Any parent or guardian of a child with autism...
§44-16-3. West Virginia Children With Autism Trust Board; Creation and Composition of the Trustee Board; Duties and Responsibilities; Reimbursement of Expenses - (a) The West Virginia Children with Autism Trust Board is...
§44-16-4. Reports and Account - In addition to any other requirements of this article, the...
§44-16-5. Confidentiality - Any information that would tend to disclose the identity of...
§44-16-6. Effective Date - This article is effective for years beginning on or after...