44-9-1 When person presumed to be dead
44-9-1a When person in military service presumed to be dead; administration of estate; when spouse may remarry
44-9-1b When person in area proclaimed to be in a state of emergency presumed dead
44-9-2 Jurisdiction of estate of supposed decedent
44-9-3 Application for probate or administration, and publication of notice thereof
44-9-4 Ancillary letters on estates of nonresidents supposed to be dead
44-9-5 Evidence on such application; record thereof
44-9-6 Order declaring presumption established; probate of will; letters testamentary or of administration; their effect; death certificate issued upon order
44-9-7 Powers of clerk of county commission
44-9-8 Personal representative to institute suit to settle such estate
44-9-9 Publication in such suit
44-9-10 Procedure when supposed decedent fails to appear
44-9-11 Distribution of estate; refunding bonds
44-9-12 Vacation of prior proceedings on reappearance of supposed decedent
44-9-13 Final accounting of personal representative; effect of his acts; title of purchasers and distributees
44-9-14 Substitution of supposed decedent in pending actions; opening judgments; effect of judgment after substitution
44-9-15 When laws relating to wills and estates generally to govern
44-9-16 Costs, by whom payable
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Terms Used In West Virginia Code > Chapter 44 > Article 9 - Persons Presumed to Be Dead and Their Estates

  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the 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.
  • 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.
  • 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.
  • Legatee: A beneficiary of a decedent
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probate: Proving a will
  • Recess: A temporary interruption of the legislative business.
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.