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WV Code § 44-3A-9 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-9. Proof of Contingent or Unliquidated Claims

Whenever at the death of any person there shall be a contingent or unliquidated claim against his estate, or an outstanding bond, recognizance or undertaking upon which the deceased shall have been principal or surety or indemnitor, and on which at the time of his death the liability is still contingent or unliquidated, the claimant or the surety shall have the right to file with the fiduciary supervisor at the time provided for in the notice, proof of his claim in the same manner as other claims, stating in his affidavit the facts upon which such contingent or unliquidated liability is based and the probable amount thereof. When so filed there shall be no distribution of the assets of the estate, except as otherwise provided in this article, without the reservation of sufficient moneys to pay, when the amount is finally determined, such contingent or unliquidated claim, or a proportion thereof equal to what is paid to other creditors of the same class. If such liability becomes fixed before the fiduciary supervisor or fiduciary commissioner, as may be, completes his report, then evidence of the same may be filed with such clerk or commissioner in lieu of the contingent claim herein provided for, and such claim as fixed shall be a debt of the estate.
WV Code § 44-3A-10 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-10. Continuances Until All Claims and Objections Passed On

The fiduciary supervisor may adjourn from time to time the hearing for the presentation of claims or the fiduciary commissioner may likewise adjourn from time to time the hearings for proof of disputed claims until all the presented claims and the objections to any claims, as the case may be, shall be fully heard and passed on.
WV Code § 44-3A-11 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-11. Personal Representative to Exhibit Offsets to Claims

When a creditor against whom the deceased had any claim or claims shall present a claim the personal representative may exhibit any offset, if the same be such as has survived, that he may have to such claim, and the fiduciary supervisor or fiduciary commissioner, as may be, shall ascertain and allow the balance against or in favor of the estate.
WV Code § 44-3A-12 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-12. How Heir or Devisee May Protect Himself Against Lien on Property

Any heir or devisee entitled to have any lien on the real estate that descended or was devised to him discharged out of the personal estate, or any legatee entitled to have a lien on specific personalty discharged out of the other personalty, may, if the creditor holding any such lien fails to present and prove his claim, present and prove such claim, and have the same allowed or provided for, within the same time, to the same extent, and by the same means as such creditor.
WV Code § 44-3A-13 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-13. No Claim Barred by Statute of Limitations to Be Allowed

No claim barred by any statute of limitations shall be allowed against the estate of a decedent.
WV Code § 44-3A-14 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-14. Effect of Presenting Claim as to Statute of Limitations

The filing or presentation of any claim against the estate of a decedent shall, so far as the running of any statute of limitations is involved, have the same effect as the institution of action on such claim.
WV Code § 44-3A-15 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-15. Advance Payment of Certain Claims

The fiduciary supervisor or fiduciary commissioner to whom the matter has been generally referred may authorize, and the personal representative may make, payment of funeral expenses, claims of physicians and nurses for services rendered during the last illness of the decedent, and accounts of druggists, hospitals and sanitariums for articles furnished and services rendered during the same period, to the extent that any of the same are preferred; also of debts due the United States, debts due the State of West Virginia, and taxes, in advance of the determination of other claims.
WV Code § 44-3A-16 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-16. Personal Representative Not Precluded From Commencing Action or Suit; Setoff in Such Actions or Suits

Nothing in this article contained shall be construed to prevent any personal representative, when he shall think it necessary, from commencing any action against any person, or from prosecuting to final judgment any action commenced by the deceased in his lifetime, if the cause of such action survives, for the recovery of any debt or claim, or from having execution on any judgment. The defendant in any such action shall, notwithstanding he may have already filed his claim before the fiduciary supervisor, set off by way of counterclaim any claim he may have against the deceased, if proper to be allowed as a counterclaim; and if final judgment shall be rendered in favor of the defendant, the same shall be certified by the clerk of the court rendering it to the fiduciary supervisor or fiduciary commissioner before whom the estate of the deceased is pending, and the amount thereof shall be allowed in the same manner as other claims against such estate filed and proved before such clerk or commissioner.
WV Code § 44-3A-17 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-17. Fiduciary Commissioner to Report on Claims of Creditors; Report by Fiduciary Supervisor; Assets and Shares of Distributees and Legatees

If an estate has been referred generally to a fiduciary commissioner, after the presentation of all claims and after the completion of the hearings for the proof for and against any disputed claims, but not later than ten months from the qualification of the personal representative, the commissioner shall prepare a report of all claims, disputed or otherwise, against the estate, showing in such report all such claims presented, disputed, exhibited in offset, or certified to the commissioner by the fiduciary supervisor or by any court, and stating as to each claim how much was allowed and how much disallowed, together with the final balance, whether in favor of the creditor or the estate. The commissioner shall also show in such report what assets are in the hands of the personal representative, and shall designate how the same shall be applied to the payment of debts and claims; also in what order of priority the claims shall be paid and also what sum shall be reserved to pay contingent or unliquidated claims and claims not matured, or a proportion of any such equal to what is allowed to other creditors of the same class, when payment of such claims shall become proper. In the event the estate is not referred to any such fiduciary commissioner, then a report shall be prepared by the fiduciary supervisor which shall contain all such information as is herein required to be included in the report filed by such commissioner. In lieu of a formal report of claims, the fiduciary supervisor or fiduciary commissioner may prepare an abbreviated or condensed report which summarizes the status of claims and the entitlements of the legatees or beneficiaries and identifies other matters that require completion in the particular estate before the estate is closed. Any report or abbreviated report, whether by the fiduciary supervisor or fiduciary commissioner, shall show what persons are entitled to share in the estate as legatees, and as such in what property or amounts; or as distributees, and as such in what proportions.
WV Code § 44-3A-20 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-20. How Contingent and Unliquidated Claims and Claims Not Matured May Be Provided For

The fiduciary supervisor or fiduciary commissioner, as may be, in his report on claims shall direct the personal representative to withhold from distribution to beneficiaries sufficient assets to take care of such contingent and unliquidated claims and claims not matured as shall be presented and proved or a proportion thereof equal to what is paid to other creditors of the same class, and such assets shall be so withheld until such contingent liability becomes fixed, or such unliquidated liability becomes liquidated, or until such claim not matured matures, as the case may be, at which time such assets shall be disbursed or distributed as the fiduciary supervisor or fiduciary commissioner in his report may have designated and the circumstances may require. But in any case where there are sufficient assets to pay all liquidated claims against any estate, any legatee or distributee of the estate shall be entitled to be paid his or her share of the full surplus of the estate, after payment of, or provision for, all liquidated claims, both those matured and those not matured has been made, upon such legatee’s or distributee’s giving to the personal representative a bond, executed by himself or some other person, with sufficient security, to be approved by the county commission, or the fiduciary supervisor thereof during any recess thereof, conditioned to refund a due proportion of any unliquidated or contingent debts or demands which may afterwards appear against the decedent or become liquidated or have their liability fixed, and of the costs attending their recovery. Such bond shall be filed in the office of the clerk of the county commission where probate of the will or administration of the estate was had, and recorded by such clerk in the record of bonds. After the giving of any such bond or bonds, creditors holding unliquidated or contingent debts and demands shall, as to the estate distributed by virtue of the giving of such bond or bonds, look only to such bond or bonds for the payment of such debts and demands.
WV Code § 44-3A-21 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-21. Exceptions to Fiduciary Supervisor’s or Fiduciary Commissioner’s Report; Return of Report

After preparing his report of claims the fiduciary supervisor or the fiduciary commissioner, as may be, shall give notice thereof, in writing, delivered personally or by mail, to all parties interested or their attorneys, and hold the report and the evidence taken in connection therewith in his office for ten days for the examination of or by all parties interested. Any party may inspect such report and evidence and file exceptions thereto before said supervisor or commissioner; and such supervisor or commissioner, in all cases, shall return with his report all the evidence taken in connection with any claim listed in such report, and the exceptions, if any, taken to the report, and shall submit such remarks upon the exceptions as he may deem pertinent. Such report shall include the same findings as are required to be made by the provisions of section nineteen of this article. After the expiration of such ten days such supervisor or commissioner shall return the report, evidence, exceptions and remarks to the county commission, and until the report is acted upon by the commission it shall be subject to further exceptions by the same or other parties interested.
WV Code § 44-3A-22 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-22. Hearing on Report and Exceptions; Appeal; Effect of Confirmation

A hearing on the report of claims returned by the fiduciary supervisor or fiduciary commissioner shall be had at the first term of the county commission occurring not earlier than ten days after its return. If there be no exceptions to such report it shall be confirmed, but if excepted to the commission shall pass upon the exceptions and make its order thereon, without hearing or receiving any new evidence, but if good cause be shown for the introduction of further proof regarding any matter contained in such report, the report shall be referred back to the fiduciary commissioner for the taking of further proof and the making of a supplemental report. An appeal from the decision of such county commission on such report and exceptions and on the supplemental report and exceptions, if there be such supplemental report, may, without any formal bill of exceptions, be taken to the circuit court of the county. The appeal shall be tried and heard in the circuit court, or before the judge thereof in vacation, on the record made before the commissioner and the county commission. After the report of the commissioner on the claims against the estate of any decedent has been confirmed by the county commission, or the circuit court on appeal, or corrected and confirmed after appeal, the same shall be forever binding and final.
WV Code § 44-3A-23 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-23. Exceptions to Report of Fiduciary Supervisor or Fiduciary Commissioner Where No Previous Hearing Was Had; Reference

In all cases wherein exception has been taken to the report of claims returned by the fiduciary supervisor, the commission at the time of the hearing provided for in section twenty-two of this article shall refer the matter to a fiduciary commissioner for the taking of evidence upon the matter or matters excepted to. Such commissioner shall within ten days of the receipt of the reference fix a time and place for the hearing and taking of evidence upon the matter or matters excepted to and shall give reasonable notice of the time and place of such hearing to all persons interested therein. Such commissioner shall make his report as in other cases and if exception be taken to such commissioner’s report the commission may proceed as provided in section twenty of this article to pass upon such exceptions and make its order thereon without hearing or receiving any new evidence unless good cause be shown with the introduction of further proof in which case the matter shall be referred back to the commissioner for the taking of further evidence and the making of a supplemental report and appeal from the decision of the commission shall be in the manner provided for in said section twenty-two.If an exception be taken to a report of a fiduciary commissioner wherein no evidence had been previously taken, the matter shall be rereferred to such commissioner who shall proceed thereon as provided for in section twenty-two of this article. It shall be the duty of the fiduciary supervisor to compel timely compliance with the provision of this chapter, including any continuances granted with respect to any matter. Any such continuance which would extend any time limitation imposed by law beyond its lawful limit shall not be granted. The fiduciary supervisor or fiduciary commissioner may petition the circuit court to compel compliance with any of the provisions of this chapter.
WV Code § 44-3A-25 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-25. Report of Claims to Be Recorded

The report of claims, and the supplemental report of claims, if there be one, when confirmed by the county commission, shall be recorded by the clerk of the county commission in his office.
WV Code § 44-3A-26 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-26. Order in Which Debts of Decedent Are to Be Paid

(a) If the applicable assets of the estate are insufficient to pay all claims against the estate in full, the personal representative shall make payment in the following order:(1) Costs and expenses of administration;(2) Reasonable funeral expenses;(3) Debts and taxes with preference under federal law;(4) Unpaid child support which is due and owing at the time of the decedent’s death;(5) Debts and taxes with preference under other laws of the State of West Virginia;(6) Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation for persons attending the decedent during his or her last illness; and(7) All other claims.(b) If the applicable assets of the estate are insufficient to pay all claims within a class, those claims within that class shall be paid on a prorata basis. No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.(c) Notwithstanding the provisions of subsection (a) of this section, if the payment of all funeral expenses of the decedent is provided for by an irrevocable preneed funeral contract or trust, neither the decedent’s estate nor the decedent’s surviving spouse shall have any obligation for the payment of such funeral expenses.
WV Code § 44-3A-27 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-27. Creditors to Be Paid in Order of Classification; When Classes Paid Ratably

Notwithstanding the provisions of section nineteen of this article, no payment shall be made to creditors of any one class until all those of the preceding class or classes shall be fully paid; and when the assets are not sufficient to pay all the creditors of any one class, the creditors of such class shall be paid ratably; but a personal representative who, after twelve months from his qualification, pays a debt of his decedent, shall not thereby be personally liable for any debt or demand against the decedent of equal or superior dignity, whether it be of record or not, unless before such payment he shall have notice of such debt or demand by action, suit of presentation thereof to the commissioner of accounts within the time allowed by law.
WV Code § 44-3A-28 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-28. When Personal Representative Not Liable for Funds Distributed

If any personal representative after one year from the qualification of the first executor or administrator of the estate, and after the report of claims has been made by the probate clerk or probate commissioner, as may be, and been confirmed by the county commission, and after withholding such funds as the fiduciary supervisor or fiduciary commissioner shall direct to meet any contingent and unmatured claims and claims in action or suit, shall pay any legacy given by the will, or distribute any of the estate of his decedent in accordance with the probate clerk’s or probate commissioner’s report as confirmed, such personal representative shall not, on account of what is so paid or distributed, be personally liable for any debt or demand against the decedent, whether it be of record or not, unless, within the time fixed for presentation of claims under the provisions of sections four and nineteen of this article for suing thereon, such claim was duly and timely presented or action or suit thereon commenced and process served on such personal representative.
WV Code § 44-3A-29 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 3A. Optional Procedure for Proof and Allowance of Claims Against Estates of Decedents; County Option|§44-3A-29. When Claims and Legacies May Be Paid and Estate Distributed

After the report of the fiduciary supervisor or the fiduciary commissioner on the claims against the estate of any decedent has been confirmed as aforesaid, and after one year from the time of the qualification of the first executor or administrator shall have elapsed, or four months in the case of settlements made pursuant to section nineteen of this article, the personal representative may pay the claims allowed by the commissioner against the decedent’s estate or certified to him by courts wherein judgments or decrees against the estate have been rendered, according to the order of payment set forth in such supervisor’s or commissioner’s report, and pay legacies and distribute the surplus among the parties entitled thereto in the amounts and proportions determined by such supervisor or commissioner in his report as confirmed, withholding such sum as such report as confirmed, states to be necessary for the payment of any contingent, unliquidated or disputed claims, or claims not matured, or the proportions of any such equal to what is allowed to other creditors of the same class, and upon the determination from time to time of any such claims further payments and distributions may be made as the circumstances require. If the personal representative shall fail or refuse to pay claims and make distribution within three months following the time when he may legally do so, and no appeal has been taken from the order of confirmation of the report on claims, any party interested may institute an action against such personal representative to compel payment and distribution as provided by section twenty, article four of this chapter.Any other provisions of this chapter to the contrary notwithstanding, including the provisions of this section, neither a personal representative nor his surety shall be liable for the amount of any claim or distributive share made within the period of a year from the time of qualification if the estate has been finally settled pursuant to the provisions of section nineteen of this article and, notwithstanding any other provision of this chapter, every estate may be settled prior to the expiration of one year if such settlement complies in all respects with the provisions of said section nineteen of this article.