COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 494
(By Senators Kessler and Chafin)
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[Originating in the Committee on the Judiciary;
reported February 24, 2010.]
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A BILL to amend and reenact §44-3-1 of the Code of West Virginia,
1931, as amended; and to amend and reenact §44-3A-35 of said
code, all relating to administration of estates;
responsibilities, reports and duties of fiduciary
commissioners; duties of county clerks; and providing for
oversight of fiduciary commissioners by county clerks and
county commissions.
Be it enacted by the Legislature of West Virginia:
That §44-3-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §44-3A-35 of said code be
amended and reenacted, all to read as follows:
ARTICLE 3. FIDUCIARY COMMISSIONERS; POWERS AND DUTIES.
§44-3-1. Fiduciary commissioners.
The office previously known as commissioner of accounts is
hereby abolished. The office of fiduciary commissioner is hereby created and any reference in this code to a commissioner of
accounts shall, after the effective date of this section, mean
fiduciary commissioner. Fiduciary commissioners shall be attorneys
admitted to the practice of law in this state, or shall meet the
qualifications of fiduciary supervisors as set forth in article
three-a of this chapter:
Provided, That persons who are serving as
commissioners of accounts upon the effective date of this article
shall be continued in office as fiduciary commissioners for not
more than one year from the effective date of this article for the
purpose of settling estates not settled on the effective date of
this article.
The county commission of each county shall appoint not more
than four fiduciary commissioners. In counties in which there
exists a separate tribunal for police and fiscal purposes, that
tribunal shall appoint the fiduciary commissioners. In either
case, not more than two of the fiduciary commissioners may be from
the same political party.
The fiduciary commissioner shall report to and settle accounts
with the county clerk. On or before the last day of March, June,
September and December, the fiduciary commissioner shall file with
the county clerk a report on the status and disposition of every
active case referred to the fiduciary commissioner. In the next
succeeding term of the county commission, the county clerk shall
provide a copy of the
report to the county commission, and shall inform the county
commission of any cases referred to a fiduciary commissioner in which the fiduciary commissioner has not fulfil1ed duties relating
to the case in accordance with deadlines established by law. The
county commission shal1 take appropriate action to ensure that all
deadlines established by law will be observed, including, if
necessary, the removal of fiduciary commissioners who consistently
fail to meet such deadlines.
ARTICLE 3A. OPTIONAL PROCEDURE FOR PROOF AND ALLOWANCE OF CLAIMS
AGAINST ESTATES OF DECEDENTS; COUNTY OPTION.
§44-3A-35. Fiduciary commissioners.
The county commission of each county shall appoint not more
than four fiduciary commissioners, except that in counties in which
there exists a separate tribunal for police and fiscal purposes,
such tribunal shall appoint such commissioners:
Provided, That the
county commission or such separate tribunal shall avoid reference
of estates to such commissioners, unless such reference is
necessary.
The fiduciary commissioner shall report to and settle accounts
with the county clerk. On or before the last day of March, June,
September and December, the fiduciary commissioner shall file with
the county clerk a report on the status and disposition of every
active case referred to the fiduciary commissioner. In the next
succeeding term of the county commission, the county clerk shall
provide a copy of the report to the county commission, and shall
inform the county commission of any cases referred to a fiduciary
commissioner in which the fiduciary commissioner has not fulfil1ed duties relating to the case in accordance with deadlines
established by law. The county commission shal1 take appropriate
action to ensure that all deadlines established by law will be
observed, including, if necessary, the removal of fiduciary
commissioners who consistently fail to meet such deadlines.
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(NOTE: Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates new
language that would be added.)