(a) This article may be cited as the West Virginia Small Estate Act. (b) For the purposes of this article, the following definitions apply: (1) “Authorized successor” means the successor of a decedent who files an affidavit and is certified and authorized by the clerk of the county commission or the fiduciary supervisor thereof, pursuant […]
(a) Notwithstanding any provisions of this code to the contrary, the small estate of a decedent who dies domiciled in this state may be administered upon affidavit and without the appointment of a personal representative, and the small assets of the decedent may be paid or delivered to the authorized successor as provided in this […]
(a) Any person having possession of a small asset of the decedent shall pay or deliver the small asset to the authorized successor of the decedent upon being presented the certificate and authorization of a small estate of the county clerk or fiduciary supervisor. (b) The authorized successor has a fiduciary duty to safeguard and […]
(a) Any person paying or delivering a small asset pursuant to the provisions of this article is discharged and released to the same extent as if that person dealt with the personal representative of the decedent. That person is not required to see the application of the small asset or to inquire into the truth […]
(a) The remedies provided by this article are in addition to, and not in exclusion of, any other remedies provided by the laws of this state. (b) For any will attached to and tendered with the affidavit provided in this article, the provisions of 41-5-11 of this code apply in like manner as if the […]
