US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 West Virginia Code » Chapter 44. Administration of Estates and Trusts » Article 5. General Provisions as to Fiduciaries

§44-5-1. List of Fiduciaries

(a) The clerk of the county commission of each county shall keep a record, to be known as the “Record of Fiduciaries”, in which he or she shall enter, in separate columns, first, the name of every fiduciary authorized to act as such by the county commission or clerk of the county commission; secondly, the […]

§44-5-10. Powers of Clerk of County Commission in Certain Counties

In each county in which there exists a separate tribunal for police and fiscal purposes, created under section thirty- four, article VIII of the Constitution of one thousand eight hundred and seventy-two, the clerk of the county commission shall have the powers and discharge the duties which by this chapter are vested in and imposed […]

§44-5-11. Application Only to Personal Representatives, Curators, and Minor Guardians

The provisions of this article apply only to personal representatives, curators, and minor guardians, as the case may be, and do not apply to or affect guardians and conservators of adult protected persons who are governed by the provisions of the Guardian and Conservatorship Act in chapter forty-four-a of this code or trustees who are […]

§44-5-4. Who Not to Be Accepted as Surety on Fiduciary’s Bond

A judge of the circuit court, member of the county commission, clerk or deputy clerk of the circuit court or county sheriff or deputy sheriff, fiduciary commissioner or an attorney-at-law, shall not be taken as surety in any bond required to be given by any fiduciary. When, for any reason, the provisions of this section […]

§44-5-6. Jurisdiction of Court on Revocation of Fiduciary’s Authority

After the date of any order revoking and annulling the powers of any fiduciary, the county commission in which he qualified shall exercise such jurisdiction, either by appointing an administrator de bonis non, or a new guardian, or otherwise, as it could have exercised if such fiduciary had died at that date.

§44-5-8. How Transfer of Securities to Successor Compelled

When any securities for money loaned or invested, or any money, or property of any kind or nature, shall be standing in the name of any fiduciary who shall have died or resigned, or whose powers shall have been revoked, and such fiduciary or his personal representative shall not have transferred such securities, money or […]

§44-5-9. Costs in Proceedings to Compel Fiduciaries to Comply With Law

The costs of any proceedings, authorized or directed to be brought against any fiduciary to enforce or compel his compliance with the requirements of the law, shall include a reasonable fee to the fiduciary commissioner at whose instance the same are had, and shall be charged and paid as the court may direct. In every […]