ENROLLED
Senate Bill No. 546
(By Senator Wooton)
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[Passed April 13, 2001; in effect ninety days from passage.]
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AN ACT to amend and reenact section five, article two, chapter
forty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring claims
against estates of decedents to be verified by affidavits.
Be it enacted by the Legislature of West Virginia:
That section five, article two, chapter forty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
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.
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