West Virginia Code
1 - PERSONAL REPRESENTATIVES
2 - PROOF AND ALLOWANCE OF CLAIMS A
3 - FIDUCIARY COMMISSIONERS; POWERS
3A - OPTIONAL PROCEDURE FOR PROOF A
4 - ACCOUNTING BY FIDUCIARIES
5 - GENERAL PROVISIONS AS TO FIDUCI
5A - POWERS OF FIDUCIARIES
6 - INVESTMENTS BY FIDUCIARIES
6A - UNIFORM MANAGEMENT OF INSTITUT
6B - WEST VIRGINIA TRUST FUND
6C - UNIFORM PRUDENT INVESTOR ACT
7 - RESIGNATION OF FIDUCIARIES AND
8 - REAL ESTATE OF DECEDENTS
9 - PERSONS PRESUMED TO BE DEAD AND
10 - GUARDIANS AND WARDS GENERALLY
10A - GUARDIANS OF MENTALLY RETARD
11 - TRANSFER OF PROPERTY OF NONRE
13 - POWERS AND DUTIES OF CLERKS O
14 - SUBSTITUTION OF TRUSTEES; POW
15 - VETERANSÂ€™ GUARDIANSHIP AND
16 - TRUSTS FOR CHILDREN WITH AUTI
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
ARTICLE 12. POWERS OF CLERK IN VACATION OF COUNTY COURT.
The clerk of any county court in the vacation of such court, may appoint appraisers of estates of decedents, admit wills to record, appoint and qualify executors, administrators, guardians, curators and committees, and require and take from them the necessary bonds, upon the same procedure and proof, and in the same manner and with like effect for the time being, as such county court could do if in session; but no contest as to such probate or appointment shall be heard or determined by such clerk, and when notice of contests is given the matter shall stand continued until the next regular session of the county court.
The probate of every will and the appointment of every appraiser of the estate of a decedent, executor, administrator, guardian, curator and committee so made by such clerk, shall be reported by him to the next regular session of the county court, when, if no objection be made thereto and none appears to the court, the court shall confirm the same. But if objection be made by any person interested, the county court shall hear and determine the same, and shall proceed in relation thereto in the same manner as if the application for the probate of such will, or for the appointment of such appraiser of the estate of a decedent, executor, administrator, guardian, curator or committee had been made to such court in the first instance. And the court may make from time to time, pending such proceedings, such orders as it may deem necessary for the protection and safekeeping of the estate of the testator, intestate or ward.
When the probate of such will, or the appointment of such appraisers of estate of decedents, or the appointment of such executor, administrator, guardian, curator or committee is confirmed by the court, with or without contest, the same shall be held and treated in all respects as if the will had been probated and admitted to record, or the appointment had been made, by the county court in the first instance.
When objection is made to the action of the clerk, as mentioned in the second section of this article, the party prevailing in the trial of such objection shall recover from the opposite party his costs.