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Engrossed Version Senate Bill 546 History

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ENGROSSED

Senate Bill No. 546

(By Senator Wooton)

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[Introduced March 21, 2001; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact section five, article two, chapter forty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring claims against estates of decedents to be verified by affidavits.

Be it enacted by the Legislature of West Virginia:

That section five, article two, chapter forty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 2.PROOF AND ALLOWANCE OF CLAIMS AGAINST ESTATES OF DECEDENTS.

§44-2-5. Claims to be proved by vouchers and affidavits in first instance.

Every claim against the estate of a decedent shall be itemized, verified by affidavit, accompanied by proper vouchers and shall state the character of the claim, whether open account, note, bond, bill, writing obligatory, judgment, decree or other evidence of debt and the amount thereof and from what date and on what items interest runs and at what percent per annum and stating further that the claim is just and true and that the creditor, or any prior owner of the claim, if such there was, hath has not received any part of the money stated to be due or any security or satisfaction for the same, except what is credited. The voucher for a judgment or decree shall be an abstract thereof; for a specialty, bond, note, bill of exchange, writing obligatory or other instrument, shall be the instrument itself, or a true copy thereof, or proof of the same in case the instrument be lost; and for an open account, an itemized copy of the account. This section shall does not apply to taxes.

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