H. B. 4556


(By Delegates C. White, Manuel, Doyle and Rowe)
[Introduced February 16, 2000; referred to the
Committee on the Judiciary.]




A BILL to amend article one, chapter forty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifteen-a, relating to requiring personal representatives to notify immediate family members of sale of estate assets.

Be it enacted by the Legislature of West Virginia:
That article one, chapter forty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section fifteen-a, to read as follows:
ARTICLE 1. PERSONAL REPRESENTATIVES.
§44-1-15a. Duty of personal representative to notify family members before sale of property.

A personal representative is required to provide written notice by certified or registered mail to the immediate family members of the decedent
of any contemplated sale of any property under this article. Pursuant to the provisions of the notice, the immediate family members shall be given the first option to purchase any personal property that is contemplated under any such sale: Provided, That unless otherwise agreed by all immediate family members, the property must be bought for a price that represents appraisal or fair market value. In the event that the personal representative is related by consanguinity to the decedent, then he or she shall be, additionally, required to provide the notice to his or her immediate family members. The notice shall be given at least fourteen days before the date designated for the sale. The notice shall set forth the date, time and place of the sale and shall adequately describe the property to be sold. For purposes of this section, "immediate family member" means any sibling, parent, child or spouse of a person.




NOTE: The purpose of this bill is to require personal representatives to provide notice to immediate family members of a decedent of any contemplated sale of the decedent's property pursuant to probate. The bill also requires notice of the personal representative's immediate family members if he or she is related by blood to the decedent.

This section is new; therefore, strike-throughs and underscoring have been omitted.