WEST virginia legislature
2019 regular session
Introduced
Senate Bill 246
By Senators Weld and Cline
[Introduced
January 10, 2019; 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 distributes, 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 non-probate 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.