West Virginia Code > Chapter 44 > Article 5 – General Provisions as to Fiduciaries


44-5-1	List of fiduciaries
44-5-2	Fiduciary records of circuit court to be deposited in county clerk’s office
44-5-3	Appointment of nonresident; bond; service of notice and process; fees; penalty
44-5-4	Who not to be accepted as surety on fiduciary’s bond
44-5-5	When additional or new bond may be required of a fiduciary, or his authority be revoked
44-5-6	Jurisdiction of court on revocation of fiduciary’s authority
44-5-7	Authority of personal representatives to compound and compromise liabilities due to or from them
44-5-8	How transfer of securities to successor compelled
44-5-9	Costs in proceedings to compel fiduciaries to comply with law
44-5-10	Powers of clerk of county commission in certain counties
44-5-11	Application only to personal representatives, curators, and minor guardians

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Terms Used In West Virginia Code > Chapter 44 > Article 5 - General Provisions as to Fiduciaries

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.
Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
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}
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
County court: includes any existing tribunal created in lieu of a county commission. See West Virginia Code 2-2-10
Decedent: A deceased person.
Descendent: One who is directly descended from another such as a child, grandchild, or great grandchild.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
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.
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.
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.
Probate: Proving a will
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: include lands, tenements and hereditaments, all rights thereto and interests therein, except chattel interests. See West Virginia Code 2-2-10
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
Trustee: A person or institution holding and administering property in trust.