HB4850 H CC AM #1

Shamblin 3392

The Subcommittee on Courts moved to amend the bill on page 1, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

ARTICLE 1. PERSONAL REPRESENTATIVES.

§44-1-1. Executor has no powers before qualifying.

A person appointed to be the executor of a will shall not have the powers of executor until he or she qualifies by taking an oath and giving bond, unless not required to post bond by §44-1-8 of this code, which shall then be admitted to the records of the clerk of the county in which the will, or an authenticated copy thereof, is admitted to record, except that he or she may provide for the burial of the testator, pay reasonable funeral expenses, and preserve the estate from waste. Beginning January 1, 2027, the West Virginia State Bar will make available on its official website instructional videos concerning the proper execution and administration of wills and estates, with emphasis on the fiduciary duties and responsibilities of executors and administrators.

§44-1-1a. Online educational training for Executors.

Beginning January 1, 2027, the West Virginia State Bar shall make available on its official website educational videos concerning the proper execution and administration of wills and estates, with emphasis on the fiduciary duties and responsibilities of executors and administrators. The videos shall be available to the public without charge, be displayed in a conspicuous and easily accessible location on the State Bar’s website, and be accessible to individuals with sight-impairment.

Adopted

Rejected