44-1-1 Executor has no powers before qualifying
44-1-2 Administration with will annexed
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 When curator may be appointed; his duties
44-1-6 Bond and oath; termination of grant in certain cases
44-1-7 Penalty of bond
44-1-8 When executor or administrator not to give bond; when surety not required
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 Marriage of female representative does not extinguish authority
44-1-11 When sheriff to administer estate
44-1-12 Letters of administration
44-1-13 Affidavit showing heirs, distributees, devisees and legatees of decedent
44-1-14 Appraisement of real estate and probate personal property of decedents; disposition; hiring of experts
44-1-14a Notice of administration of estate; time limits for filing of objections; liability of personal representative
44-1-15 Duty of personal representative; debt not extinguished by appointment of debtor as executor
44-1-16 When administrator de bonis non may administer assets for which former personal representative liable
44-1-17 Food and fuel for family
44-1-18 What estate not to be sold
44-1-19 Sale of goods likely to be impaired in value
44-1-20 When to sell other goods
44-1-21 Estate for life of another is assets
44-1-22 Suits by and against
44-1-23 Actions for goods carried away, waste or damage to estate of or by decedent
44-1-24 Action for waste by representative
44-1-25 Administrator de bonis non may have scire facias
44-1-26 Action on bond of personal representative
44-1-27 Not chargeable beyond assets; pleas allowed
44-1-28 Payment of small sums due employees to distributees of decedents upon whose estates there have been no qualifications
44-1-29 Authority of personal representative concerning conservation and preservation easements
44-1-30 Death certificate or other proof of death and residence may be required
44-1-14b Notice of ancillary filing without any administration of estate; time limits for filing of objections
44-1-31 Administration of oath; execution of bond
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Terms Used In West Virginia Code > Chapter 44 > Article 1 - Personal Representatives

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Ancillary administration: Probate administration of property (usually real property) owned in a State other than the one in which the decedent had his (her) principal residence at the time of death.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • County court: includes any existing tribunal created in lieu of a county commission. See West Virginia Code 2-2-10
  • Decedent: A deceased person.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Grantor: The person who establishes a trust and places property into it.
  • Intestate: Dying without leaving a will.
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • oath: shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation. See West Virginia Code 2-2-7
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Personal property: All property that is not real property.
  • personal property: includes goods, chattels, real and personal, money, credits, investments, and the evidences thereof. See West Virginia Code 2-2-10
  • Probate: Proving a will
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Recess: A temporary interruption of the legislative business.
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.