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Senate Bill 232 History
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ENROLLED
Senate Bill No. 232
(By Senator Wooton)
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[Passed March 1, 1994; in effect ninety days from passage.]
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AN ACT to amend and reenact section seven, article five, chapter
forty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to reducing the
time to appeal an order or judgment of the county commission
admitting or refusing to admit a will to probate.
Be it enacted by the Legislature of West Virginia:
That section seven, article five, chapter forty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. PRODUCTION, PROBATE AND RECORD OF WILLS.
§41-5-7. Appeal from probate order -- When to be taken;
procedure.
Any person feeling himself aggrieved by any order or
judgment of the county commission admitting or refusing to admit
any will to probate may, within three months, or, if such a
person be under any disability within three months after such
disability ceases, file his petition in the circuit court of suchcounty, or before the clerk thereof, appealing to the circuit
court from such order or judgment, stating in the petition the
grounds of appeal and the parties interested in the probate of
the will; and, in case of appeal, it shall be the duty of the
clerk of the county commission promptly to transmit to the clerk
of the circuit court, the will and all original papers filed or
used in the proceedings for probate, together with copies of all
orders made therein. The clerk of the circuit court shall, upon
the filing of such petition, issue process thereon, and the case
shall be proceeded in, tried and determined in such court,
regardless of the proceedings before the county commission, and
in the same manner and in all respects as if the application for
such probate had been originally made to the circuit court.