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WV Code § 44-2-7 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-7. Claims May Be Presented Before Publication of Notice

Claims against any decedent’s estate may be filed with or presented to the fiduciary commissioner to whom the estate has been referred, at any time following the qualification of the personal representative, notwithstanding the notice to creditors shall not have been published previously to such filing or presentation.
WV Code § 44-2-8 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-8. 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 commissioner or personal representative, as the case may be, 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 a fiduciary commissioner completes his report, then evidence of the same may be filed with the fiduciary commissioner in lieu of the contingent claim herein provided for, and such claim as fixed shall be a debt of the estate.
WV Code § 44-2-9 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-9. Continuances Until All Claims and Objections Passed On

The commissioner may adjourn from time to time the hearing for the presentation of claims as well as the hearings for proof of disputed claims until all the presented claims and the objections to any claims be fully heard and passed on.
WV Code § 44-2-10 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-10. 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 commissioner shall ascertain and allow the balance against or in favor of the estate.
WV Code § 44-2-11 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-11. 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 § 44-2-12 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-12. No Claim Barred by Statute of Limitations to Be Allowed

No claim barred by any statute of limitations shall be allowed by a commissioner against the estate of a decedent.
WV Code § 44-2-13 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-13. Effect of Presenting Claim as to Statute of Limitations

The filing with or presentation to the fiduciary commissioner or to the county clerk 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 a civil action or suit on such claim.
WV Code § 44-2-14 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-14. Advance Payment of Certain Claims

The fiduciary commissioner 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 § 44-2-15 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-15. 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 or suit against any person, or from prosecuting to final judgment or decree any action or suit commenced by the deceased in his lifetime, if the cause of such action or suit survives, for the recovery of any debt or claim, or from having execution on any judgment or decree. The defendant in any such action or suit shall, notwithstanding he may have already filed his claim before a fiduciary commissioner, set off any claim he may have against the deceased, if proper to be allowed as a setoff; and if final judgment or decree shall be rendered in favor of the defendant, the same shall be certified by the clerk of the court rendering it to the 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 the fiduciary commissioner.
WV Code § 44-2-16 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-16. Fiduciary Commissioner to Report on Claims of Creditors, Assets and Shares of Distributees and Legatees

After the completion of the hearings for the presentation of claims and for reception of proof for and against disputed claims, but not later than five months from the qualification of the personal representative, the fiduciary commissioner may, and upon motion of any interested person, shall prepare a report of claims against the estate, showing in such report all the claims presented, or exhibited in offset, or certified to the fiduciary commissioner 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 fiduciary 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 claim equal to what is allowed to other creditors of the same class, when payment of such claims shall become proper. Such report shall also 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 § 44-2-17 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-17. How Contingent and Unliquidated Claims and Claims Not Matured May Be Provided For

The fiduciary commissioner 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 to and proved before the fiduciary commissioner, 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 claims not matured mature, as the case may be, at which time such assets shall be disbursed or distributed as the 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 clerk thereof during the recess of the commission, 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 clerk’s office 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 § 44-2-18 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-18. Exceptions to Fiduciary Commissioner’s Report; Return of Report

After preparing a report of claims as hereinafter provided, the fiduciary commissioner shall give notice thereof, either verbally or 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 parties interested. Any party may inspect such report and evidence and file exceptions thereto before said fiduciary commissioner; and the fiduciary 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. After the expiration of such ten days the fiduciary commissioner shall return the report, evidence, exceptions and remarks to the county commission, and until the report is acted upon by the county commission it shall be subject to further exceptions by the same or other parties interested.
WV Code § 44-2-19 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-19. Hearing on Report and Exceptions; Appeal; Effect of Confirmation

The hearing on the report of claims returned by a 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 county 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 fiduciary commissioner and on order of the county commission. After the report of the fiduciary 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 § 44-2-20 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-20. 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 court, shall be recorded by the clerk of the county court in his office.
WV Code § 44-2-21 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-21. 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 § 44-2-22 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-22. Creditors to Be Paid in Order of Classification; When Classes Paid Ratably

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 six 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 or presentation thereof to the fiduciary commissioner within the time allowed by law.
WV Code § 44-2-23 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-23. When Personal Representative Not Liable for Funds Distributed

If any personal representative after six months from the qualification of the first executor or administrator of the estate, and after the report of claims, if any, has been made by the fiduciary commissioner and been confirmed by the county commission, and after withholding such funds as the 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 fiduciary commissioner’s report as confirmed, if any, or according to law in case of intestacy or according to the will, if any, 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 or for suing thereon, such claim was duly presented or action or suit thereon commenced and process served on such personal representative.
WV Code § 44-2-24 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-24. When Claims and Legacies May Be Paid and Estate Distributed

After the report of a fiduciary commissioner, if any, on the claims against the estate of any decedent has been confirmed as aforesaid, and after six months from the time of the qualification of the first executor or administrator shall have elapsed, the personal representative may pay the claims allowed by the fiduciary 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 the fiduciary commissioner’s report, or as directed by the fiduciary commissioner, and pay legacies and distribute the surplus among the parties entitled thereto in the amounts and proportions determined by the fiduciary commissioner 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 one month 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 a civil action against such personal representative to compel payment and distribution as provided by section twenty-two, article four of this chapter.
WV Code § 44-2-24a (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-24a. Accounting for Money Not Disposable at Time of Settlement; Subsequent Distribution of Such Money

Notwithstanding any other provision of law, if an estate is otherwise ready for final settlement and the personal representative holds any sum or sums of money necessary for the payment or distribution of any contingent, unliquidated, unmatured or disputed bequest or claim, which cannot be paid or distributed because the whereabouts of the claimant or distributee are unknown, or cannot be paid or distributed for any other reason, he may, with the consent of the fiduciary commissioner to whom the estate has been referred, pay such sum or sums to the general receiver of the circuit court in the county in which the estate is being administered. Any such payment, together with a receipt therefor, shall be reflected and shown in said fiduciary commissioner’s final report. After said report is confirmed by the county commission, such personal representative shall not be personally liable for any such aforesaid bequest or claim.Any person entitled to any funds paid to a general receiver of a circuit court pursuant to the provisions of this section may petition the circuit court in a summary proceeding for an order directing the distribution of such funds. Any person believed to have any claim to or interest in said funds shall be made a party defendant to such petition and shall be given such notice of any hearing thereon as the circuit court may direct. The circuit court shall enter an order directing the distribution of said funds to the person or persons entitled thereto. The costs of said proceedings shall be paid from the funds.
WV Code § 44-2-25 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-25. When Personal Representative Not Compelled to Make Distribution

A personal representative shall not be compelled to pay any legacy given by the will, or make distribution of the estate of his decedent, until after six months from the date of the order conferring authority on the first executor or administrator of such decedent, and not then unless the report of claims against the estate made by the fiduciary commissioner has been confirmed, and no appeal has been taken from the county commission’s order of confirmation.
WV Code § 44-2-26 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 2. Proof and Allowance of Claims Against Estates of Decedents|§44-2-26. When Claims Not Presented and Proved Barred of Recovery From Personal Representative

Every person including the State Tax Commissioner, having a claim against a deceased person, whether due or not, who has not, after notice to creditors has been published as prescribed in this article, presented his claim on or before the time fixed in such notice, or before that time has not instituted a civil action or suit thereon, shall, notwithstanding the same be not barred by some other statute of limitations that is applicable thereto, be barred from recovering such claim of or from the personal representative, or from thereafter setting off the same against the personal representative in any action or suit whatever; except that if a surplus remain after providing for all claims presented in due time, or on which action or suit shall have been commenced in due time, and such surplus shall not have been distributed by the personal representative to the beneficiaries of the estate, and the claimant prove that he had no actual notice of the publication to creditors nor knowledge of any proceedings before the fiduciary commissioner, such creditor may prove his claim by action or suit and have the same allowed out of such surplus; and, in order that such late claims if proved may be provided for, the fiduciary commissioner shall reopen his report if the same has not been returned to the county commission, or if returned, shall make and return a supplemental report: Provided, That, as to real estate, the provisions of subsection (b), section one of this article shall apply.