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WV Code § 44-4-22 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 4. Accounting by Fiduciaries|§44-4-22. Application Only to Personal Representatives, Guardians, Curators or Committees

The provisions of this article apply only to personal representatives, guardians, curators or committees, as the case may be, and do not apply to or affect trustees who are governed by the provisions of the West Virginia Uniform Trust Code in chapter forty-four-d of this code.
WV Code § 44-5-1 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5. General Provisions as to Fiduciaries|§44-5-1. List of Fiduciaries

(a) The clerk of the county commission of each county shall keep a record, to be known as the “Record of Fiduciaries”, in which he or she shall enter, in separate columns, first, the name of every fiduciary authorized to act as such by the county commission or clerk of the county commission; secondly, the name of the decedent for whose estate he or she is personal representative or curator; thirdly, the names of the distributees of the estate, showing their relation to the decedent; fourthly, the name of the living person or persons for whom he or she is minor guardian, curator, committee or trustee; fifthly, the penalty of his or her bond; sixthly, the names of his or her sureties; seventhly, the date of the order conferring his or her authority, and a reference to the book and page where entered; eighthly, the date of any order revoking his or her authority, and a reference to the book and page where entered; ninthly, the date of the return of every inventory and appraisement of the estate; tenthly, the date of the confirmation of each report of settlement of the accounts of the fiduciary; and the clerk shall index the record in the name of the decedent, estate, ward or person represented by the fiduciary. Any clerk failing to make entry, as to any fiduciary, within ten days after the order conferring or revoking the authority, or the date of the return of the inventory and/or appraisement, or the date of the confirmation of any report of settlement, shall, for every failure, forfeit $20.(b) This section does not apply to a trustee.
WV Code § 44-5-2 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5. General Provisions as to Fiduciaries|§44-5-2. Fiduciary Records of Circuit Court to Be Deposited in County Clerk’s Office

The circuit court of each county shall, as soon as may be after this code becomes effective, direct its clerk to transfer to the office of the clerk of the county commission of its county any wills, records of wills, records of the appointment and qualification of personal representatives, guardians, curators or committees, and records of their oaths, bonds, inventories, appraisements and settlements, heretofore kept in their said courts, and the clerk of the county court shall keep and preserve the same among the other similar records of his office. If the same are not properly and completely indexed when deposited in his office, the county clerk shall make a full and complete index to the same.
WV Code § 44-5-4 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5. General Provisions as to Fiduciaries|§44-5-4. Who Not to Be Accepted as Surety on Fiduciary’s Bond

A judge of the circuit court, member of the county commission, clerk or deputy clerk of the circuit court or county sheriff or deputy sheriff, fiduciary commissioner or an attorney-at-law, shall not be taken as surety in any bond required to be given by any fiduciary. When, for any reason, the provisions of this section are violated in the taking of any bond, the bond so given shall not be void, but upon the discovery of such fact a new bond shall be required of the fiduciary.
WV Code § 44-5-5 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5. General Provisions as to Fiduciaries|§44-5-5. When Additional or New Bond May Be Required of a Fiduciary, or His Authority Be Revoked

The county commission under whose order, or under the order of whose clerk, any such fiduciary derives his authority, when it appears proper on any report of the clerk or a fiduciary commissioner or a commissioner in chancery, or on evidence adduced before it by any party interested, may, at any time, whether such fiduciary shall or shall not have before given any bond, or whether he shall have given one with or without sureties, order him to give before the commission an additional bond within a prescribed reasonable time, in such penalty, and with or without sureties, as may appear proper; or when any surety on the bond of a fiduciary, or the personal representative of any surety, shall apply therefor, the commission shall order the fiduciary to give before it a new bond within a prescribed reasonable time, in such penalty, and with such sureties, as may appear proper, it may, in either case, if the order be not complied with, or whenever from any cause it appears proper, revoke and annul the powers of such fiduciary. No such order shall be made unless reasonable notice is given to the fiduciary by the clerk or the fiduciary commissioner who made the report, or by the surety or the personal representative of the surety making the application aforesaid, or by the service of a rule or otherwise. No such order of revocation shall invalidate any previous acts of the fiduciary.
WV Code § 44-5-6 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5. General Provisions as to Fiduciaries|§44-5-6. Jurisdiction of Court on Revocation of Fiduciary’s Authority

After the date of any order revoking and annulling the powers of any fiduciary, the county commission in which he qualified shall exercise such jurisdiction, either by appointing an administrator de bonis non, or a new guardian, or otherwise, as it could have exercised if such fiduciary had died at that date.
WV Code § 44-5-7 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5. General Provisions as to Fiduciaries|§44-5-7. Authority of Personal Representatives to Compound and Compromise Liabilities Due to or From Them

It is lawful for any guardian, committee or trustee, to compound and compromise any liability due to or from him or her, unless the compounding and compromise is ratified and approved by a court of competent jurisdiction, all parties in interest being before the court by proper process. When the compounding and compromise has been ratified and approved, it is binding on all parties in interest before the court. It is lawful for any personal representative to compound and compromise any liability due to or from him or her, as long as the compounding and compromise is ratified and approved by the fiduciary commissioner to whom the estate or trust has been referred, or by a commissioner appointed by the circuit court when the estate of the decedent is being settled in a chancery suit, and is reported by the fiduciary commissioner to his or her court. When the report is confirmed, the compounding and compromise shall be binding on all parties to the proceedings.
WV Code § 44-5-8 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5. General Provisions as to Fiduciaries|§44-5-8. How Transfer of Securities to Successor Compelled

When any securities for money loaned or invested, or any money, or property of any kind or nature, shall be standing in the name of any fiduciary who shall have died or resigned, or whose powers shall have been revoked, and such fiduciary or his personal representative shall not have transferred such securities, money or property to his successor, the circuit court of the county, or the judge thereof in vacation, in which such fiduciary shall have qualified, upon the petition of such successor, or of any other person interested, may direct such securities, money or property to be transferred to such successor, and may direct the dividends, interest, income, or proceeds of such securities, money or property to be received or paid in such manner as such court shall think proper.
WV Code § 44-5-9 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5. General Provisions as to Fiduciaries|§44-5-9. Costs in Proceedings to Compel Fiduciaries to Comply With Law

The costs of any proceedings, authorized or directed to be brought against any fiduciary to enforce or compel his compliance with the requirements of the law, shall include a reasonable fee to the fiduciary commissioner at whose instance the same are had, and shall be charged and paid as the court may direct. In every case where the fiduciary is in default, without reasonable excuse therefor, the costs shall be adjudged against and paid by the fiduciary personally. In no case shall the costs be adjudged against the fiduciary commissioner unless he instituted the proceedings in bad faith.
WV Code § 44-5-10 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5. General Provisions as to Fiduciaries|§44-5-10. Powers of Clerk of County Commission in Certain Counties

In each county in which there exists a separate tribunal for police and fiscal purposes, created under section thirty- four, article VIII of the Constitution of one thousand eight hundred and seventy-two, the clerk of the county commission shall have the powers and discharge the duties which by this chapter are vested in and imposed upon the county commission.
WV Code § 44-5-11 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5. General Provisions as to Fiduciaries|§44-5-11. Application Only to Personal Representatives, Curators, and Minor Guardians

The provisions of this article apply only to personal representatives, curators, and minor guardians, as the case may be, and do not apply to or affect guardians and conservators of adult protected persons who are governed by the provisions of the Guardian and Conservatorship Act in chapter forty-four-a of this code or trustees who are governed by the provisions of the West Virginia Uniform Trust Code in chapter forty-four-d of this code.
WV Code § 44-5A-1 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5A. Powers of Fiduciaries|§44-5A-1. Definition

As used in this article, the term “fiduciary” means the one or more executors of the estate of a decedent, or the one or more trustees of a testamentary or inter vivos trust estate, whichever in a particular case is appropriate.
WV Code § 44-5A-2 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5A. Powers of Fiduciaries|§44-5A-2. Incorporation by Reference of Enumerated Powers by Testator; Restriction on Exercise of Powers

(a) After June 30, 2011, by an intention of the testator expressed in a will, any or all of the powers or any portion of the powers enumerated in section three of this article, as they exist at the time of the signing of the will by the testator may be, by appropriate reference made thereto, incorporated in the will, with the same effect as though the language were set forth verbatim in the instrument. Incorporation of one or more of the powers contained in section three of this article by reference to that section is in addition to and not in limitation of the common law or statutory powers of the fiduciary.(b) No power of authority conferred upon a fiduciary as provided in this article may be exercised by the fiduciary in a manner as, in the aggregate, to deprive the trust or the estate involved of an otherwise available tax exemption, deduction or credit, expressly including the marital deduction, or operate to impose a tax upon a donor or testator or other person as owner of any portion of the trust or estate involved. “Tax” includes, but is not limited to, any federal, state, or local income, gift, estate or inheritance tax.(c) Nothing in this section prevents the incorporation of the powers enumerated in section three of this article in any other kind of instrument or agreement.
WV Code § 44-5A-4 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5A. Powers of Fiduciaries|§44-5A-4. Designation of Testamentary Trustee as Beneficiary of Insurance

A policy of life insurance may contain a designation of a beneficiary, a trustee or trustees named or to be named by will, if the designation is made in accordance with the provisions of the policy and the requirements of the insurer. The proceeds of the insurance shall be paid to the trustee or trustees to be held and disposed of under the terms of the will as they exist at the death of the testator; but if no trustee or trustees makes claim to the proceeds from the insurance company within one year after the death of the insured, or if satisfactory evidence is furnished the insurance company within the one-year period showing that no trustee can qualify to receive the proceeds, payment shall be made by the insurance company to the executors, administrators or assigns of the insured, unless otherwise provided by agreement with the insurance company during the lifetime of the insured. The proceeds of the insurance as collected by the trustee or trustees are not subject to debts of the insured or to inheritance tax to any greater extent than if the proceeds were payable to any other named beneficiary other than the estate of the insured, and are not considered as payable to the estate of the insured for any purpose. The insurance proceeds so held in trust may be commingled with any other assets which may properly come into the trust as provided in the will. Enactment of this section does not invalidate previous life insurance policy designations naming trustees of trusts established by will.
WV Code § 44-5A-6 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5A. Powers of Fiduciaries|§44-5A-6. Restrictions on Exercise of Power for Fiduciary’ Benefit

(a) A power conferred upon a person in his or her capacity as fiduciary to make discretionary distributions of principal or income to himself or herself or to make discretionary allocations in his or her favor of receipts or expenses between income and principal cannot be exercised by him or her. If the power is conferred on two or more fiduciaries, it may be exercised by the fiduciaries who are not so disqualified. If there is no fiduciary qualified to exercise the power, it may be exercised by a special fiduciary appointed by the court authorized under article fourteen of this chapter, and in accordance with the procedure described therein, to appoint a successor or substitute trustee. Except as provided in subsection (c) of this section this section applies to all trusts now in existence and to all trusts which are created later.(b) Unless either: (1) Mandatory; (2) limited by an ascertainable standard relating to the health, education, support or maintenance of the fiduciary; or (3) exercisable by the fiduciary only in conjunction with another person having a substantial interest in the trust which is adverse to the interest of the fiduciary, a power to make distributions of principal or income is a discretionary power for purposes of this section.(c) This section does not apply to trusts that come into existence or are amended after the effective date of this section which show a clear intent that this section does not apply.
WV Code § 44-5B-1 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-1. Short Title

This article may be cited as the West Virginia Uniform Fiduciary Access to Digital Assets Act.
WV Code § 44-5B-3 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-3. Applicability

(a) This article applies to:(1) A fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this article;(2) A personal representative acting for a decedent who died before, on, or after the effective date of this article;(3) A conservatorship proceeding commenced before, on, or after the effective date of this article; and(4) A trustee acting under a trust created before, on, or after the effective date of this article.(b) This article applies to a custodian if the user resides in this state or resided in this state at the time of the user’s death.(c) This article does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.
WV Code § 44-5B-4 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-4. User Direction for Disclosure of Digital Assets

(a) A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.(b) If a user has not used an online tool to give direction under §44B-5B-3(a) of this code or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user. (c) A user’s direction under §44-5B-4(a) or §44-5B-4(b) of this code overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.
WV Code § 44-5B-5 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-5. Terms of Service Agreement

(a) This article does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This article does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.(c) A fiduciary’s or a designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under §44-5B-4 of this code.
WV Code § 44-5B-6 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-6. Procedure for Disclosing Digital Assets

(a) When disclosing digital assets of a user under this article, the custodian may at its sole discretion:(1) Grant a fiduciary or designated recipient full access to the user’s account;(2) Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or(3) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this article.(c) A custodian need not disclose under this article a digital asset deleted by a user.(d) If a user directs or a fiduciary requests a custodian to disclose under this article some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:(1) A subset limited by date of the user’s digital assets;(2) All of the user’s digital assets to the fiduciary or designated recipient;(3) None of the user’s digital assets; or(4) All of the user’s digital assets to the court for review in camera.
WV Code § 44-5B-7 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-7. Disclosure of Content of Electronic Communications of Deceased User

If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:(a) A written request for disclosure in physical or electronic form;(b) A certified copy of the death certificate of the user;(c) A certified copy of the letter of appointment of the representative; (d) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney or other record evidencing the user’s consent to disclosure of the content of electronic communications; and(e) If requested by the custodian:(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;(2) Evidence linking the account to the user; or(3) A finding by the court that:(A) The user had a specific account with the custodian, identifiable by the information specified in §44-5B-7(e)(1) of this code;(B) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., 47 U.S.C. § 222, or other applicable law;(C) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or(D) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
WV Code § 44-5B-8 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act|§44-5B-8. Disclosure of Other Digital Assets of Deceased User

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications of the user, if the personal representative gives the custodian:(a) A written request for disclosure in physical or electronic form;(b) A certified copy of the death certificate of the user;(c) A certified copy of the letter of appointment of the representative; and(d) If requested by the custodian: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;(2) Evidence linking the account to the user;(3) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or(4) A finding by the court that:(A) The user had a specific account with the custodian, identifiable by the information specified in §44-5B-8(d)(1) of this code; or(B) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.