WEST virginia legislature
2020 regular session
Introduced
Senate Bill 206
By Senator Weld
[Introduced January 9, 2020; referred
to the Committee on the Judiciary]
A BILL to amend and reenact §44-2-1 of the Code of West Virginia, 1931, as amended, relating to appraisement of a decedents’ estate and proceedings which determine if reference to fiduciary commissioner is to be made; and adding language to be contained in an appraisement showing nonprobate assets that are not to be sold by the personal representative of the estate.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. PROOF AND ALLOWANCE OF CLAIMS AGAINST ESTATES OF DECEDENTS.
§44-2-1. Reference of decedents’ estates; proceedings thereon.
(a) Upon the return of the
appraisement by the personal representative to the county clerk, the estate of
his or her decedent, by order of the county commission, must be referred to a
fiduciary commissioner for proof and determination of debts and claims,
establishment of their priority, determination of the amount of the respective
shares of the legatees and distributees, and any other matter necessary for the
settlement of the estate: Provided, That in counties where there are two
or more commissioners, the estates of decedents must be referred to the
commissioners in rotation, so there may be an equal division of the work.
Notwithstanding any other provision of this code to the contrary, a fiduciary
commissioner may not charge to the estate a fee greater than $300 and expenses
for the settlement of an estate, except upon: (i) Approval of the personal
representative; or (ii) a determination by the county commission that the fee
is based upon the actual time spent and actual services rendered pursuant to a
schedule of fees or rate of compensation for fiduciary commissioners promulgated
by the commission in accordance with the provisions of §59-1-9 of this
code.
(b) If the personal
representative delivers to the clerk an appraisement of the assets of the
estate showing their value to be $200,000 or less, exclusive of real estate not
to be sold by the personal representative specifically devised and
nonprobate assets, or if it appears to the clerk that there is only one
beneficiary of the probate estate and that the beneficiary is competent at law,
the clerk shall record the appraisement. If an unpaid creditor files a claim
against the estate, the personal representative has 20 days after the date of
the filing of a claim against the estate of the decedent to approve or reject
the claim before the estate is referred to a fiduciary commissioner. If the
personal representative approves all claims as filed, then no reference may be
made.
The personal representative
shall, within a reasonable time after the date of recordation of the
appraisement: (i) File a waiver of final settlement in accordance with the
provisions of §44-2-29 of this code; or (ii) make a report to the clerk of
his or her receipts, disbursements and distribution and submit an affidavit
stating that all claims against the estate for expenses of administration,
taxes and debts of the decedent have been paid in full. Upon receipt of the
waiver of final settlement or report, the clerk shall record the waiver or
report and mail copies to each beneficiary and creditor by first-class mail,
postage prepaid. The clerk shall retain the report for 10 days to allow any
beneficiary or creditor to appear before the county commission to request
reference to a fiduciary commissioner. The clerk shall collect a fee of $10 for
recording and mailing the waiver of final settlement or report.
If no request or objection is made to the clerk or to the county commission, the county commission may confirm the report of the personal representative, the personal representative and his or her surety shall be discharged; but if an objection or request is made, the county commission may confirm and record the accounting or may refer the estate to its fiduciary commissioners: Provided, That the personal representative has 20 days after the date of the filing of a claim against the estate of the decedent to approve or reject the claim before the estate is referred to a fiduciary commissioner and if all claims are approved as filed, then no reference may be made.
(c) For purposes of this section, the term beneficiary means a person designated in a will to receive real or personal property.
NOTE: The purpose of this bill is to add language to be contained in an appraisement of a decedents’ estate showing nonprobate assets that are not to be sold by the personal representative.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.