§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 political subdivisions, the United States, or any employer owes wages, salary, pension payments, or money allowed for burial expenses to a decedent who died domiciled in this state, upon whose estate there has been no qualification, and the amount owed does not exceed $5,000, the […]
§44-1-29. Authority of Personal Representative Concerning Conservation and Preservation Easements
(a) Subject to the requirements and conditions of subsection (b) of this section, a personal representative, trustee, administrator, or executor of a decedent or a decedents estate is hereby granted the authority to: (1) Sell a conservation or preservation easement under 8A-12-1 et seq. of this code or 20-20-1 et seq. of this code;
§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 copy of a decedents death certificate or other proof of death and residence prior to fulfilling the clerk’s responsibilities under this chapter.
§44-1-31. Administration of Oath; Execution of Bond
An oath required in this chapter may be taken before any person authorized to administer oaths under the laws of this state or any other state. A bond may be executed, if not in person before the county clerk, before any person authorized to administer oaths under the laws of this state or any other […]
§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 personal representative for the taking or carrying away of any goods, or for the waste or destruction of, or damage to, any estate of or by his decedent.
§44-1-24. Action for Waste by Representative
A suit may be maintained against the personal representative of an executor in his own wrong, or the personal representative of a rightful executor or administrator by whom any waste may have been committed.
§44-1-25. Administrator De Bonis Non May Have Scire Facias
Where a suit is pending or a judgment or decree has been rendered in this state in favor of a personal representative, upon a contract made or for a cause of action which accrued in the lifetime of the decedent, the administrator de bonis non of such decedent may sue forth a scire facias to […]
§44-1-26. Action on Bond of Personal Representative
Where an execution on a judgment or decree against a personal representative is returned without being satisfied, there may be forthwith brought and prosecuted an action against the surety in any bond given by such personal representative for the faithful discharge of his or her duties.
§44-1-27. Not Chargeable Beyond Assets; Pleas Allowed
No personal representative or any surety of his shall be chargeable beyond the assets of the decedent by reason of any omission or mistake in pleading or false pleading of such representative. And in the action allowed by the preceding section the defendants may plead any pleas and offer any evidence which would be admissible […]
§44-1-18. What Estate Not to Be Sold
Unless it be necessary for the payment of funeral expenses, charges of administration or debts, the personal representative shall not sell estate which the will directs not to be sold.