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WV Code § 44-1-11 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-11. When Sheriff to Administer Estate

If at any time two months elapse without there being an executor or administrator of the estate of a decedent (except during a contest about the decedent’s will, or during the infancy or absence of the executor), the court or clerk before whom the will was admitted to probate, or having jurisdiction to grant administration, shall on motion of any person order the sheriff of the county to take into his or her possession the estate of such decedent and administer the same; whereupon such sheriff, without taking any other oath of office, or giving any other bond or security than he or she may have before taken or given, shall be the administrator or administrator de bonis non of the decedent, with his or her will annexed if there be a will, and shall be entitled to all the rights and bound to perform all the duties of the administrator. For his or her services as administrator of an estate, the sheriff shall receive from the estate a fee of five percent of the estate subject to administration, which fee shall be deposited to the treasury of the county. Every sheriff shall, in the month of January in each year, make a written report to the county commission of his or her county, and if the court is not in session, then he or she shall file the report with the clerk of the court, of the receipts and disbursements of each estate so committed to him or her, and at the end of his or her term of office make a complete report and settlement of each estate so committed to him or her, and shall turn over to his or her successor in office all moneys or property in his or her hands remaining unadministered. The court or clerk may, however, at any time afterward revoke such order and allow any other person to qualify as the executor or administrator; and the court, or the clerk thereof, shall, at the expiration of the term of office of any sheriff, commit to his or her successor in office any and all estates which may appear, by the final report above required to be made by the sheriff at the end of his or her term, not to have been fully administered. Every sheriff to whom any estate shall have been committed, as aforesaid, who shall fail to render any report as required herein, or who shall fail to make such settlement within two months after the end of his or her term of office shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty nor more than $500.
WV Code § 44-1-12 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-12. Letters of Administration

A copy of the order whereby certificate is granted to any personal representative for obtaining probate or letters of administration, shall be as effectual as the probate or letters made out in due form. Nevertheless, the clerk of the court, in which such order is made, shall, when required by any personal representative, make out such probate or letters in due form.
WV Code § 44-1-13 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-13. Affidavit Showing Heirs, Distributees, Devisees and Legatees of Decedent

At the time of the qualification of an executor or administrator, the court or clerk before whom he qualifies shall require such executor or administrator to file his own affidavit, or the affidavit of some credible person, showing the names and, as far as possible, the addresses of the persons who would take any part of the estate of the decedent as heirs or distributees in cases of the intestacy of the decedent and of the persons who are devisees and legatees under the will, if any, of the decedent, and their relationship to decedent, and the clerk of the court shall record such affidavit in the fiduciary record, which affidavit and the record thereof shall be prima facie evidence of what is contained therein. The personal representative shall not receive any compensation for his services until such names and addresses be furnished by affidavit as aforesaid, unless he shows by affidavit that such heirs, distributees, devisees and legatees and their addresses are unknown to him and that after diligent inquiry he has been unable to ascertain their names and addresses.
WV Code § 44-1-15 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-15. Duty of Personal Representative; Debt Not Extinguished by Appointment of Debtor as Executor

It shall be the duty of every personal representative to administer well and truly the whole personal estate of his decedent. The appointment of a debtor as executor shall not extinguish the debt.
WV Code § 44-1-16 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-16. When Administrator De Bonis Non May Administer Assets for Which Former Personal Representative Liable

When the powers of a personal representative have ceased and an administrator de bonis non of the decedent’s estate has been appointed and qualified, it shall be lawful for the personal representative whose powers have ceased, or his personal representative if he shall have died, to pay and deliver to such administrator de bonis non, or for him to demand, receive, and recover the assets of his decedent, whether converted or not, for which such former personal representative is responsible: Provided, however, That the administrator de bonis non shall have given, or shall give, a bond sufficient to cover the additional assets, so to be paid or delivered to him or so to be demanded and received by him The administrator de bonis non shall administer the same as assets received in due course of administration, and his receipt therefor shall be a voucher in the settlement of the accounts of the former personal representative, and shall exempt such former personal representative from all liability for any of such assets paid over and delivered to such administrator de bonis non. But this section shall not be construed as exempting such former personal representative and his sureties from liability for any breach of duty, with respect to such assets, committed by him before they were paid over and delivered by him as aforesaid.
WV Code § 44-1-17 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-17. Food and Fuel for Family

The provisions and fuel (or so much thereof as may be necessary) which, at the death of any person, shall have been laid in for consumption in his family, shall remain for the use of such family, if the same be desired by any member of it, without account thereof being made. Any livestock necessary for the food of the family may be killed for that use before the sale or distribution of the estate.
WV Code § 44-1-18 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-18. What Estate Not to Be Sold

Unless it be necessary for the payment of funeral expenses, charges of administration or debts, the personal representative shall not sell estate which the will directs not to be sold.
WV Code § 44-1-19 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-19. Sale of Goods Likely to Be Impaired in Value

Of the goods not mentioned in the preceding section, other than such as are exempt by any provision of law, the personal representative shall, as soon as convenient, sell at public auction such as are likely to be impaired in value by keeping, giving a reasonable credit (except for small sums), and taking bond with good security.
WV Code § 44-1-20 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-20. When to Sell Other Goods

If the goods so sold be not sufficient to pay the funeral expenses, charges of administration, debts and legacies, the personal representative shall sell so much of the other goods and chattels as may be necessary to pay the same, having regard to the privilege of specific legacies.
WV Code § 44-1-21 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-21. Estate for Life of Another Is Assets

Any estate for the life of another shall go to the personal representative of the party entitled to the estate, and be assets in his hands, and be applied and distributed as the personal estate of such party.
WV Code § 44-1-22 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-22. Suits by and Against

A personal representative may sue or be sued upon any judgment for or against, or any contract of or with, his decedent.
WV Code § 44-1-23 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-23. Actions for Goods Carried Away, Waste or Damage to Estate of or by Decedent

A civil action may be maintained by or against a personal representative for the taking or carrying away of any goods, or for the waste or destruction of, or damage to, any estate of or by his decedent.
WV Code § 44-1-24 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-24. Action for Waste by Representative

A suit may be maintained against the personal representative of an executor in his own wrong, or the personal representative of a rightful executor or administrator by whom any waste may have been committed.
WV Code § 44-1-25 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-25. Administrator De Bonis Non May Have Scire Facias

Where a suit is pending or a judgment or decree has been rendered in this state in favor of a personal representative, upon a contract made or for a cause of action which accrued in the lifetime of the decedent, the administrator de bonis non of such decedent may sue forth a scire facias to have execution upon such judgment or decree, or to revive and prosecute to judgment or decree the suit so pending, if the personal representative who brought it could have maintained the same.
WV Code § 44-1-26 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-26. Action on Bond of Personal Representative

Where an execution on a judgment or decree against a personal representative is returned without being satisfied, there may be forthwith brought and prosecuted an action against the surety in any bond given by such personal representative for the faithful discharge of his or her duties.
WV Code § 44-1-27 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-27. Not Chargeable Beyond Assets; Pleas Allowed

No personal representative or any surety of his shall be chargeable beyond the assets of the decedent by reason of any omission or mistake in pleading or false pleading of such representative. And in the action allowed by the preceding section the defendants may plead any pleas and offer any evidence which would be admissible in an action against a personal representative suggesting a devastavit.
WV Code § 44-1-29 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-29. Authority of Personal Representative Concerning Conservation and Preservation Easements

(a) Subject to the requirements and conditions of subsection (b) of this section, a personal representative, trustee, administrator, or executor of a decedent or a decedents estate is hereby granted the authority to:(1) Sell a conservation or preservation easement under 8A-12-1 et seq. of this code or 20-20-1 et seq. of this code;(2) Donate a conservation or preservation easement under 8A-12-1 et seq. of this code or 20-20-1 et seq. of this code; or(3) Amend a conservation or preservation easement created prior to the decedents death under 8A-12-1 et seq. of this code or 20-20-1 et seq. of this code and recorded on the decedents real property as may be permitted by applicable law and the conservation or preservation easement.(b) The personal representative, trustee, administrator, or executor shall ensure that the sale, donation, amendment, or transfer, of a conservation or preservation easement complies with the following:(1) The proposed sale, donation, transfer or amendment satisfies the requirements set forth in the provisions of 20-12-8a of this code, as applicable to the particular easement;(2) The proposed sale, donation, transfer, or amendment is to a qualified conservation organization or holder and the organization or holder agrees to accept the conservation or preservation easement; and(3) The sale, donation, transfer, or amendment must meet one of the following conditions:(A) In the case of an administrator of a decedents intestate estate, all heirs with interests in the real estate affected provide written consent which shall be recorded with the easement; or(B) In the case of a personal representative or executor of a decedents testate estate, or the trustee of a trust, the will, trust, or other governing instrument authorizes or directs the personal representative, executor, or trustee to sell or donate a conservation or preservation easement; or (C) The sale, donation, transfer, or amendment of the conservation or preservation easement is authorized pursuant to a legal proceeding in a court of law with jurisdiction over the property.
WV Code § 44-1-30 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-30. Death Certificate or Other Proof of Death and Residence May Be Required

The clerk of the county commission may require a certified copy of a decedents death certificate or other proof of death and residence prior to fulfilling the clerk’s responsibilities under this chapter.
WV Code § 44-1-31 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-31. Administration of Oath; Execution of Bond

An oath required in this chapter may be taken before any person authorized to administer oaths under the laws of this state or any other state. A bond may be executed, if not in person before the county clerk, before any person authorized to administer oaths under the laws of this state or any other state.
WV Code § 44-1A-1 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1A. West Virginia Small Estate Act|§44-1A-1. Short Title; Definitions

(a) This article may be cited as the West Virginia Small Estate Act.(b) For the purposes of this article, the following definitions apply:(1) "Authorized successor" means the successor of a decedent who files an affidavit and is certified and authorized by the clerk of the county commission or the fiduciary supervisor thereof, pursuant to the provisions of this article.(2) "Person" means any individual, corporation, business trust, fiduciary, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality, public corporation, or any other legal or commercial entity.(3) "Small asset" means any probate personal property or asset belonging or presently distributable to the decedent having a fair market value on the decedents date of death of not more than $50,000. A small asset includes, but is not limited to, cash, a bank account, a savings institution account, a credit union account, a certificate of deposit, a brokerage account, stock, a mutual fund, a security, a bond, a note, a promissory note, an obligation, an instrument evidencing a debt, indebtedness owed to the decedent, proceeds of life insurance payable to the estate, a deposit, a refund, a tax refund, an overpayment, a chose in action, or an item of tangible personal property including a motor vehicle. A small asset does not include real estate or an interest in real property. A small asset does not include a nonprobate asset of the decedent which would not be subject to administration in the decedents probate estate.(4) "Small estate" means a probate estate of a decedent who died domiciled in this state in which: (A) The total aggregate fair market value, on the decedents date of death, of small assets does not exceed $50,000; and (B) the total aggregate fair market value on the decedents date of death of all real estate or interests in real property situate in this state of which the decedent owned or was seized or possessed does not exceed $100,000, excluding any real estate of the decedent which was held in any nonprobate form. For the purposes of this article, the fair market value of real estate shall be presumed to be 167 percent of the current assessed value of the real estate on the land books as reported by the assessor of the county in which the real estate is situate.(5) "Successor" means any person, other than a creditor, who is nominated as a personal representative or executor under the provisions of the will of the decedent, or who is entitled under the provisions of the decedents will or the laws of intestate descent and distribution of this state to a part or all of a small asset of the decedent.
WV Code § 44-1A-4 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1A. West Virginia Small Estate Act|§44-1A-4. Discharge and Release of Payor; Treatment of Real Estate in a Small Estate

(a) Any person paying or delivering a small asset pursuant to the provisions of this article is discharged and released to the same extent as if that person dealt with the personal representative of the decedent. That person is not required to see the application of the small asset or to inquire into the truth of any statement in the affidavit or the certificate and authorization of a small estate presented under this article. (b) If any person to whom the certificate and authorization of small estate is presented refuses to pay or deliver any small asset to the authorized successor, the small asset may be recovered, or its payment or delivery compelled, and damages may be recovered, on proof of rightful claim in a proceeding brought for that purpose by or on behalf of the person entitled to the small asset in the magistrate court or circuit court of this state having jurisdiction.(c) For any real estate or interest in real property of the decedent which is reported on the recorded affidavit provided in this article, the provisions of 41-5-19 and 41-5-20 of this code shall apply, and any will attached to and tendered with the affidavit shall be deemed to be duly admitted to probate.(d) Nothing in this article releases or discharges any claim which a creditor may have against the decedent, the decedents estate, or the assets of the decedent, and creditors of a small estate has the same rights provided under the provisions of 44-2-27 and 44-3A-33 of this code as against distributees and legatees.
WV Code § 44-1A-5 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1A. West Virginia Small Estate Act|§44-1A-5. Construction of Article

(a) The remedies provided by this article are in addition to, and not in exclusion of, any other remedies provided by the laws of this state.(b) For any will attached to and tendered with the affidavit provided in this article, the provisions of 41-5-11 of this code apply in like manner as if the will had been probated by an order of the county commission entered on the date of the issuance of the certificate and authorization of a small estate by the county clerk or fiduciary supervisor.(c) Nothing in this article may be construed to affect or limit the right of a surviving spouse of a decedent who dies domiciled in this state to his or her elective share as provided in 42-3-1 et seq. of this code.
WV Code § 44-2-4 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-4. Mailing of Notice to Creditors, Distributees and Legatees

When the fiduciary commissioner has fixed the time for presentation of claims, the personal representative shall file with such fiduciary commissioner a list of the names and post- office addresses of all known creditors of the estate and of all distributees and legatees, to each of whom the fiduciary commissioner shall cause a copy of such notice to be forwarded by United States mail, addressed according to such list. But failure to mail, or to receive, such notice shall not relieve any creditor, distributee or legatee of the duty to present and prove his claim as required by such notice, nor in any way affect the proceedings pursuant to such notice.
WV Code § 44-2-5 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-5. Claims to Be Proved by Vouchers and Affidavits in First Instance

Every claim against the estate of a decedent shall be itemized, verified by affidavit, accompanied by proper vouchers and shall state the character of the claim, whether open account, note, bond, bill, writing obligatory, judgment, decree or other evidence of debt and the amount thereof and from what date and on what items interest runs and at what percent per annum and stating further that the claim is just and true and that the creditor, or any prior owner of the claim, if there was one, has not received any part of the money stated to be due or any security or satisfaction for the same, except what is credited. The voucher for a judgment or decree shall be an abstract thereof; for a specialty, bond, note, bill of exchange, writing obligatory or other instrument, shall be the instrument itself, or a true copy thereof, or proof of the same in case the instrument be lost; and for an open account, an itemized copy of the account. This section does not apply to taxes.
WV Code § 44-2-6 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-6. Claims Taken to Be Proved; Objections to Claims; Hearings; Funeral Expenses

Every claim so itemized, so accompanied by proper vouchers, and so verified, shall be taken to be proved, and shall be allowed, unless before the commissioner shall make up his report of claims the personal representative or a distributee, or a legatee, or, in the case of estates that appear to be insolvent, a creditor, shall file before the commissioner a counter affidavit, denying the claim in whole or in part; and when said counter affidavit is so filed the commissioner shall fix a time and place for hearing evidence for and against such claim and give reasonable notice of such time and place to the claimant, the party objecting, and the personal representative. If the commissioner, having held such hearing, does not allow any such claim, the claimant shall pay the expense of having the testimony adduced at such hearing recorded and/or transcribed. The commissioner, in the exercise of his sound discretion, may require that the claimant post a bond or other security sufficient to pay the estimated cost of having such testimony recorded and transcribed as a condition precedent to holding such hearing. If such claim, having been disallowed by the commissioner, subsequently shall be allowed as a claim against the estate, the claimant shall be entitled to recover from the estate the expenses so paid. Claims for funeral expenses shall be made and determined in the same manner as any other claims.