West Virginia § 41-5-8 - 41-5-8. Appeal from probate order -- Other testamentary papers to be produced; jury trial if desired.
Full text of West Virginia West Virginia Code § 41-5-8 — 41-5-8. Appeal from probate order -- Other testamentary papers to be produced; jury trial if desired., with citation guidance and answers to common questions.
§ 41-5-8. 41-5-8. Appeal from probate order -- Other testamentary papers to be produced; jury trial if desired.
If there be more than one testamentary paper in question in any such proceeding, the circuit court shall order them all to be produced. The circuit court shall order a trial by jury, if demanded by any person interested, to ascertain whether the will in question, or if there be more than one, which of them, or what part or parts of either or any of them, is the true will of the decedent; and, if trial by jury be not asked, the circuit court shall proceed to try and decide the question of probate, and shall make and enter in relation thereto such final judgment or order as the law and the evidence may require. A copy of such judgment or order shall be returned to, filed and recorded in, the office of the clerk of the county court, and also any will established in such proceedings and admitted to probate in the circuit court shall be returned to, filed, and recorded (if not already of record) in such office.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 41-5-8
What does West Virginia Code § 41-5-8 cover?
Section 41-5-8 ("41-5-8. Appeal from probate order -- Other testamentary papers to be produced; jury trial if desired.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 41-5-8?
A common citation format is "West Virginia Code § 41-5-8" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 41-5-8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.