West Virginia Code 44-5B-3 – Applicability
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(a) This article applies to:
Terms Used In West Virginia Code 44-5B-3
- Decedent: A deceased person.
- Fiduciary: A trustee, executor, or administrator.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Trustee: A person or institution holding and administering property in trust.
(1) A fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this article;
(2) A personal representative acting for a decedent who died before, on, or after the effective date of this article;
(3) A conservatorship proceeding commenced before, on, or after the effective date of this article; and
(4) A trustee acting under a trust created before, on, or after the effective date of this article.
(b) This article applies to a custodian if the user resides in this state or resided in this state at the time of the user’s death.
(c) This article does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.