West Virginia Code — 44
Browse 211 sections in division 44 of the West Virginia code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 44-1-1. 44-1-1. Executor has no powers before qualifying.
- § 44-1-2. 44-1-2. Administration with will annexed.
- § 44-1-3. 44-1-3. Oath of executor or administrator with will annexed.
- § 44-1-4. Appointment of intestate administrator; affidavit of heirs of nonresident intestate decedent without appointment of intestate administrator.
- § 44-1-5. 44-1-5. When curator may be appointed; his duties.
- § 44-1-6. 44-1-6. Bond and oath; termination of grant in certain cases.
- § 44-1-7. 44-1-7. Penalty of bond.
- § 44-1-8. 44-1-8. When executor or administrator not to give bond; when surety not required.
- § 44-1-9. 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.
- § 44-1-10. 44-1-10. Marriage of female representative does not extinguish authority.
- § 44-1-11. 44-1-11. When sheriff to administer estate.
- § 44-1-12. 44-1-12. Letters of administration.
- § 44-1-13. 44-1-13. Affidavit showing heirs, distributees, devisees and legatees of decedent.
- § 44-1-14. 44-1-14. Appraisement of real estate and probate personal property of decedents; disposition; hiring of experts.
- § 44-1-15. 44-1-15. Duty of personal representative; debt not extinguished by appointment of debtor as executor.
- § 44-1-16. 44-1-16. When administrator de bonis non may administer assets for which former personal representative liable.
- § 44-1-17. 44-1-17. Food and fuel for family.
- § 44-1-18. 44-1-18. What estate not to be sold.
- § 44-1-19. 44-1-19. Sale of goods likely to be impaired in value.
- § 44-1-20. 44-1-20. When to sell other goods.
- § 44-1-21. 44-1-21. Estate for life of another is assets.
- § 44-1-22. 44-1-22. Suits by and against.
- § 44-1-23. 44-1-23. Actions for goods carried away, waste or damage to estate of or by decedent.
- § 44-1-24. 44-1-24. Action for waste by representative.
- § 44-1-25. 44-1-25. Administrator de bonis non may have scire facias.
- § 44-1-26. 44-1-26. Action on bond of personal representative.
- § 44-1-27. 44-1-27. Not chargeable beyond assets; pleas allowed.
- § 44-1-28. 44-1-28. Payment of small sums due employees to distributees of decedents upon whose estates there have been no qualifications.
- § 44-1-29. 44-1-29. Authority of personal representative concerning conservation and preservation easements.
- § 44-1-30. 44-1-30. Death certificate or other proof of death and residence may be required.
- § 44-1-31. 44-1-31. Administration of oath; execution of bond.
- § 44-2-1. 44-2-1. Reference of decedents’ estates; proceedings thereon.
- § 44-2-2. 44-2-2.
- § 44-2-3. 44-2-3.
- § 44-2-4. 44-2-4. Mailing of notice to creditors, distributees and legatees.
- § 44-2-5. 44-2-5. Claims to be proved by vouchers and affidavits in first instance.
- § 44-2-6. 44-2-6. Claims taken to be proved; objections to claims; hearings; funeral expenses.
- § 44-2-7. 44-2-7. Claims may be presented before publication of notice.
- § 44-2-8. 44-2-8. Proof of contingent or unliquidated claims.
- § 44-2-9. 44-2-9. Continuances until all claims and objections passed on.
- § 44-2-10. 44-2-10. Personal representative to exhibit offsets to claims.
- § 44-2-11. 44-2-11. How heir or devisee may protect himself against lien on property.
- § 44-2-12. 44-2-12. No claim barred by statute of limitations to be allowed.
- § 44-2-13. 44-2-13. Effect of presenting claim as to statute of limitations.
- § 44-2-14. 44-2-14. Advance payment of certain claims.
- § 44-2-15. 44-2-15. Personal representative not precluded from commencing action or suit; setoff in such actions or suits.
- § 44-2-16. 44-2-16. Fiduciary commissioner to report on claims of creditors, assets and shares of distributees and legatees.
- § 44-2-17. 44-2-17. How contingent and unliquidated claims and claims not matured may be provided for.
- § 44-2-18. 44-2-18. Exceptions to fiduciary commissioner’s report; return of report.
- § 44-2-19. 44-2-19. Hearing on report and exceptions; appeal; effect of confirmation.
- § 44-2-20. 44-2-20. Report of claims to be recorded.
- § 44-2-21. 44-2-21. Order in which debts of decedent are to be paid.
- § 44-2-22. 44-2-22. Creditors to be paid in order of classification; when classes paid ratably.
- § 44-2-23. 44-2-23. When personal representative not liable for funds distributed.
- § 44-2-24. 44-2-24. When claims and legacies may be paid and estate distributed.
- § 44-2-25. 44-2-25. When personal representative not compelled to make distribution.
- § 44-2-26. 44-2-26. When claims not presented and proved barred of recovery from personal representative.
- § 44-2-27. 44-2-27. When distributees and legatees may be sued on claims; extent of liability; costs.
- § 44-2-28. 44-2-28. When enforcement of lien to secure claim barred.
- § 44-2-29. 44-2-29. Waiver of final settlement.
- § 44-3-1. 44-3-1. Fiduciary commissioners.
- § 44-3-2. 44-3-2. Fiduciary commissioners; powers and duties generally.
- § 44-3-3. 44-3-3. Special fiduciary commissioners.
- § 44-3-4. 44-3-4. Matters that will disqualify fiduciary commissioner.
- § 44-3-5. 44-3-5. Disposition by fiduciary commissioner of inventories.
- § 44-3-6. 44-3-6. Fiduciary commissioner to inspect bonds of fiduciaries.
- § 44-3-7. 44-3-7. When county commission to refer controversies to fiduciary commissioner; rules of procedure.
- § 44-4-1. 44-4-1. Record of appraisements.
- § 44-4-2. 44-4-2. Fiduciaries to exhibit accounts for settlement.
- § 44-4-3. 44-4-3. Fiduciaries from whom inventories, appraisals or accounts are due when this article effective may be proceeded against.
- § 44-4-4. 44-4-4. Fiduciaries of small estates may account once in three years.
- § 44-4-5. 44-4-5. Examination of bonds at time of accounting, and when requested by interested party.
- § 44-4-6. 44-4-6. Settlements for previous years; objections to account.
- § 44-4-7. 44-4-7. Failure to account forfeits commissions unless allowed by circuit court or county commission.
- § 44-4-8. 44-4-8. How accounting compellable by person interested.
- § 44-4-9. 44-4-9. Publication of list of fiduciaries prior to settlements.
- § 44-4-10. 44-4-10. Securities and moneys to be exhibited to fiduciary commissioner.
- § 44-4-11. 44-4-11. Liability for losses or failure to make defense.
- § 44-4-12. 44-4-12. Compensation and expenses of fiduciaries.
- § 44-4-13. 44-4-13. Receipt to be given fiduciaries for vouchers.
- § 44-4-14. 44-4-14. Reports of fiduciary commissioner.
- § 44-4-15. 44-4-15. Exceptions to report.
- § 44-4-16. 44-4-16. Filing of report and vouchers.
- § 44-4-17. 44-4-17. Examination and correction or recommittal of report.
- § 44-4-18. 44-4-18. Effect of confirmation of report; how made conclusive.
- § 44-4-19. 44-4-19. Investment of funds may be ordered.
- § 44-4-20. 44-4-20. Disbursement of balance after settlement; suit to compel disbursement; final report of fiduciary following disbursement.
- § 44-4-21. 44-4-21. How fiduciary accounts settled in suits to be recorded.
- § 44-4-22. 44-4-22. Application only to personal representatives, guardians, curators or committees.
- § 44-5-1. 44-5-1. List of fiduciaries.
- § 44-5-2. 44-5-2. Fiduciary records of circuit court to be deposited in county clerk’s office.
- § 44-5-3. 44-5-3. Appointment of nonresident; bond; service of notice and process; fees; penalty.
- § 44-5-4. 44-5-4. Who not to be accepted as surety on fiduciary’s bond.
- § 44-5-5. 44-5-5. When additional or new bond may be required of a fiduciary, or his authority be revoked.
- § 44-5-6. 44-5-6. Jurisdiction of court on revocation of fiduciary’s authority.
- § 44-5-7. 44-5-7. Authority of personal representatives to compound and compromise liabilities due to or from them.
- § 44-5-8. 44-5-8. How transfer of securities to successor compelled.
- § 44-5-9. 44-5-9. Costs in proceedings to compel fiduciaries to comply with law.
- § 44-5-10. 44-5-10. Powers of clerk of county commission in certain counties.
- § 44-5-11. 44-5-11. Application only to personal representatives, curators, and minor guardians.
- § 44-5-12. 44-5-12.
- § 44-5-13. 44-5-13.
- § 44-5-14. 44-5-14.
- § 44-5-15. 44-5-15.
- § 44-6-1. 44-6-1. Fiduciaries to put money out at interest.
- § 44-6-2. 44-6-2. In what securities fiduciaries may invest trust funds.
- § 44-6-3. 44-6-3. Authority for investment.
- § 44-6-4. 44-6-4. Beneficiaries may have fiduciary instructed by court as to investments.
- § 44-6-5. 44-6-5. Application to circuit court for directions regarding estate held to meet a contingency.
- § 44-6-6. 44-6-6. Establishment of common trust funds; investments.
- § 44-6-7. 44-6-7. Accounting required of fiduciaries as to common trust funds.
- § 44-6-8. 44-6-8. How §§44-6-6 to 44-6-8 cited; purpose; provisions severable.
- § 44-6-9. 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.
- § 44-6-10. 44-6-10. Purchase of service or product through or directly from bank or trust company or affiliate.
- § 44-6-11. 44-6-11. Application only to executors, administrators, guardians, curators or committees.
- § 44-7-1. 44-7-1. Fiduciary desiring to resign to file petition; summons thereon.
- § 44-7-2. 44-7-2. Copy of petition and summons to be served on fiduciary commissioner.
- § 44-7-3. 44-7-3. Hearing on petition.
- § 44-7-4. 44-7-4. Application only to personal representatives, curators or minor guardians.
- § 44-8-1. 44-8-1. Sale, conveyance and management of decedent’s real estate; powers of executor and administrator with will annexed.
- § 44-8-2. 44-8-2. Rents, profits or proceeds of sale to be paid to persons entitled.
- § 44-8-3. 44-8-3. Real estate to be assets for payment of debts.
- § 44-8-4. 44-8-4. By what court assets administered.
- § 44-8-5. 44-8-5. Liability of heir or devisee for real estate conveyed; when such real estate not liable.
- § 44-8-6. 44-8-6. Heir or devisee liable in equity; judgment against personal representative prima facie evidence.
- § 44-8-7. 44-8-7. Suit to subject real estate to payment of debts; parties; evidence.
- § 44-8-8. 44-8-8. Reference to special commissioner and publication of notice to creditors in such suit.
- § 44-8-9. 44-8-9. Decree of distribution; claims barred when.
- § 44-8-10. 44-8-10. No costs recoverable in, and injunction against, second suit.
- § 44-9-1. 44-9-1. When person presumed to be dead.
- § 44-9-2. 44-9-2. Jurisdiction of estate of supposed decedent.
- § 44-9-3. 44-9-3. Application for probate or administration, and publication of notice thereof.
- § 44-9-4. 44-9-4. Ancillary letters on estates of nonresidents supposed to be dead.
- § 44-9-5. 44-9-5. Evidence on such application; record thereof.
- § 44-9-6. 44-9-6. Order declaring presumption established; probate of will; letters testamentary or of administration; their effect; death certificate issued upon order.
- § 44-9-7. 44-9-7. Powers of clerk of county commission.
- § 44-9-8. 44-9-8. Personal representative to institute suit to settle such estate.
- § 44-9-9. 44-9-9. Publication in such suit.
- § 44-9-10. 44-9-10. Procedure when supposed decedent fails to appear.
- § 44-9-11. 44-9-11. Distribution of estate; refunding bonds.
- § 44-9-12. 44-9-12. Vacation of prior proceedings on reappearance of supposed decedent.
- § 44-9-13. 44-9-13. Final accounting of personal representative; effect of his acts; title of purchasers and distributees.
- § 44-9-14. 44-9-14. Substitution of supposed decedent in pending actions; opening judgments; effect of judgment after substitution.
- § 44-9-15. 44-9-15. When laws relating to wills and estates generally to govern.
- § 44-9-16. 44-9-16. Costs, by whom payable.
- § 44-10-1. 44-10-1. Testamentary guardians.
- § 44-10-2. 44-10-2. Appointment void for renunciation or failure to qualify.
- § 44-10-3. 44-10-3. Appointment and termination of guardian for a minor.
- § 44-10-4. 44-10-4. Right of minor to nominate guardian.
- § 44-10-5. 44-10-5. Bond of guardian.
- § 44-10-6. 44-10-6. Curator; bond; powers and duties.
- § 44-10-7. 44-10-7. Management of ward's estate; maintenance, education and custody; duration of guardianship; settlement.
- § 44-10-8. 44-10-8. Disbursements and expenditures by guardians from income and corpus of estates of infant wards.
- § 44-10-9. 44-10-9. Sale of personal estate to pay excess beyond income.
- § 44-10-10. 44-10-10. When guardian to pay interest.
- § 44-10-11. 44-10-11. Compound interest recoverable.
- § 44-10-12. 44-10-12. Time allowed guardian for investment of funds.
- § 44-10-13. 44-10-13. Powers of chancery courts over guardians; when and how real estate may be sold for maintenance and education of wards.
- § 44-10-14. 44-10-14. Minor settlement proceedings.
- § 44-10-15. 44-10-15.
- § 44-10-16. 44-10-16. Settlement of derivative claims.
- § 44-11-1. 44-11-1. Transfer of securities of nonresident decedent.
- § 44-11-2. 44-11-2. Affidavit as to publication of notice.
- § 44-11-3. 44-11-3. Transfer of property of nonresident infant or insane person to foreign guardian or committee.
- § 44-11-4. 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.
- § 44-11-5. 44-11-5. Notice of application and evidence required before order of transfer made.
- § 44-11-6. 44-11-6. How personal estate in hands of resident trustee, belonging to nonresident beneficiaries, transferred.
- § 44-11-7. 44-11-7. What notice and evidence required before such transfer made.
- § 44-11-8. 44-11-8. Court may order sale of property.
- § 44-11-9. 44-11-9. Discharge of guardian, committee, or trustee making transfer.
- § 44-11-10. 44-11-10. Judge of circuit court may act in vacation.
- § 44-12-1. 44-12-1. What clerk may do in vacation of county court.
- § 44-12-2. 44-12-2. Report by clerk to county court; hearing on same.
- § 44-12-3. 44-12-3. Confirmation of action of clerk.
- § 44-12-4. 44-12-4. Costs.
- § 44-13-1. 44-13-1. Powers of clerk of county court where separate tribunal for police and fiscal purposes.
- § 44-13-2. 44-13-2. Who shall act when such clerk interested.
- § 44-13-3. 44-13-3. Such clerk not to impanel a jury for settlement of questions of fact.
- § 44-13-4. 44-13-4. Record and order books to be kept by such clerk.
- § 44-13-5. 44-13-5. Duties of such clerk as to acts to be performed at stated times.
- § 44-13-6. 44-13-6. How decisions and orders of such clerk reviewed.
- § 44-14-1. 44-14-1.
- § 44-14-2. 44-14-2.
- § 44-14-3. 44-14-3.
- § 44-14-4. 44-14-4.
- § 44-14-5. 44-14-5.
- § 44-15-1. 44-15-1. Scope of article.
- § 44-15-2. 44-15-2. When unlawful for person to accept appointment as guardian; removal.
- § 44-15-3. 44-15-3. Petition for appointment.
- § 44-15-4. 44-15-4. Evidence of necessity for appointment of guardian of minor ward.
- § 44-15-5. 44-15-5. Evidence of necessity for appointment of guardian or committee of mentally incompetent ward.
- § 44-15-6. 44-15-6. Notice.
- § 44-15-7. 44-15-7. Qualifications and bond of guardian.
- § 44-15-8. 44-15-8. Settlement of accounts.
- § 44-15-9. 44-15-9. Failure to make settlement.
- § 44-15-10. 44-15-10. Compensation.
- § 44-15-11. 44-15-11. Investment of funds.
- § 44-15-12. 44-15-12. Disbursements for support of persons other than ward.
- § 44-15-13. 44-15-13. Certified copies of necessary public records furnished without cost.
- § 44-15-14. 44-15-14. Commitment to veterans administration or other agency of United States government.
- § 44-15-15. 44-15-15. Discharge of guardian.
- § 44-15-16. 44-15-16. Construction of article.
- § 44-15-17. 44-15-17. How cited.
- § 44-15-18. 44-15-18. Invalidity of part of article.
- § 44-16-1. 44-16-1. Definitions.
- § 44-16-2. 44-16-2. Creation of a qualified trust for a child with autism.
- § 44-16-3. 44-16-3. West Virginia Children with Autism Trust Board; creation and composition of the trustee board; duties and responsibilities; reimbursement of expenses.
- § 44-16-4. 44-16-4. Reports and account.
- § 44-16-5. 44-16-5. Confidentiality.
- § 44-16-6. 44-16-6. Effective date.
- § 44-16-7. 44-16-7. Repeal of article.