44-8-1 Sale, conveyance and management of decedent’s real estate; powers of executor and administrator with will annexed
44-8-2 Rents, profits or proceeds of sale to be paid to persons entitled
44-8-3 Real estate to be assets for payment of debts
44-8-4 By what court assets administered
44-8-5 Liability of heir or devisee for real estate conveyed; when such real estate not liable
44-8-6 Heir or devisee liable in equity; judgment against personal representative prima facie evidence
44-8-7 Suit to subject real estate to payment of debts; parties; evidence
44-8-7a Jurisdiction of court in suits to subject real estate of decedents to payment of their debts
44-8-8 Reference to special commissioner and publication of notice to creditors in such suit
44-8-9 Decree of distribution; claims barred when
44-8-10 No costs recoverable in, and injunction against, second suit
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Terms Used In West Virginia Code > Chapter 44 > Article 8 - Real Estate of Decedents

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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.
  • 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.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.