44-3A-1 Election to make article applicable
44-3A-2 Nature of office of fiduciary supervisor and fiduciary commissioner; duties of county commission with respect to orders and findings of such supervisor or commissioner
44-3A-3 Office of fiduciary supervisor created; general powers; qualifications; tests for qualification; training program; salary
44-3A-4 Notice of claim; settlement in certain cases
44-3A-4a Short form settlement
44-3A-5 Reference to fiduciary commissioner; exceptions and limitations
44-3A-6 Claims to be proved by vouchers and affidavits in first instance
44-3A-7 Claims to be proved; objections to claims; hearings; funeral expenses
44-3A-8 Claims may be presented before publication of notice
44-3A-9 Proof of contingent or unliquidated claims
44-3A-10 Continuances until all claims and objections passed on
44-3A-11 Personal representative to exhibit offsets to claims
44-3A-12 How heir or devisee may protect himself against lien on property
44-3A-13 No claim barred by statute of limitations to be allowed
44-3A-14 Effect of presenting claim as to statute of limitations
44-3A-15 Advance payment of certain claims
44-3A-16 Personal representative not precluded from commencing action or suit; setoff in such actions or suits
44-3A-17 Fiduciary commissioner to report on claims of creditors; report by fiduciary supervisor; assets and shares of distributees and legatees
44-3A-18 Apportionment of federal and state estate taxes; fiduciary to deduct taxes from shares of beneficiaries
44-3A-19 Long form settlement before fiduciary supervisor
44-3A-20 How contingent and unliquidated claims and claims not matured may be provided for
44-3A-21 Exceptions to fiduciary supervisor’s or fiduciary commissioner’s report; return of report
44-3A-22 Hearing on report and exceptions; appeal; effect of confirmation
44-3A-23 Exceptions to report of fiduciary supervisor or fiduciary commissioner where no previous hearing was had; reference
44-3A-24 Reports of delinquent filings
44-3A-25 Report of claims to be recorded
44-3A-26 Order in which debts of decedent are to be paid
44-3A-27 Creditors to be paid in order of classification; when classes paid ratably
44-3A-28 When personal representative not liable for funds distributed
44-3A-29 When claims and legacies may be paid and estate distributed
44-3A-30 Accounting for money not disposable at time of settlement; subsequent distribution of such money
44-3A-31 When personal representative not compelled to make distribution
44-3A-32 When claims not presented and proved barred of recovery from personal representative
44-3A-34 When enforcement of lien to secure claim barred
44-3A-35 Fiduciary commissioners
44-3A-36 Fiduciary commissioners; powers and duties generally
44-3A-37 Special fiduciary commissioners; continuance of present references; compensation
44-3A-38 Matters that will disqualify fiduciary commissioners
44-3A-39 Disposition by fiduciary commissioner of inventories and accounts of sales
44-3A-40 Fiduciary commissioners to inspect bonds of fiduciaries
44-3A-41 When county commission to refer controversies to fiduciary commissioner; rules of procedure
44-3A-42 Fees to be charged by fiduciary supervisor or fiduciary supervisor; disposition of fees
44-3A-43 County fiduciary fund
44-3A-44 Rules applicable to fiduciary supervisors and fiduciary commissioners; exceptions as to certain counties
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Terms Used In West Virginia Code > Chapter 44 > Article 3A - Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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
  • Bequest: Property gifted by will.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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.
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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.
  • Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
  • 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
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probate: Proving a will
  • Recess: A temporary interruption of the legislative business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.