ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 2130
(By Delegate Huffman)


[Passed March 19, 1993; in effect ninety days from passage.]




AN ACT to amend and reenact sections two and seven, article four, chapter forty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to accounting by fiduciaries; clarifying and expanding the types of property to be accounted for annually to fiduciary commissioners; and updating archaic language.

 Be it enacted by the Legislature of West Virginia:
That sections two and seven, article four, 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 4. ACCOUNTING BY FIDUCIARIES.
§44-4-2. Fiduciaries to exhibit accounts for settlement.
A statement of all the money, and an inventory of all securities, stocks, bonds and all other property, including the value thereof, which any personal representative, guardian, curator or committee, has received, become chargeable with ordisbursed, within one year from the date of the fiduciary's qualification, or within any succeeding year, together with the vouchers for such disbursements, shall, within two months after the end of every such period, be exhibited by the fiduciary to the fiduciary commissioner to whom the estate or trust has been referred. If any fiduciary fails to make an exhibit, the fiduciary commissioner to whom the fiduciary should make the exhibit shall proceed against the fiduciary in the appropriate circuit court, and the court shall impose the same penalties, unless the fiduciary is excused for sufficient reason, as are provided in cases where fiduciaries fail to return appraisements.
§44-4-7. Failure to account forfeits commissions unless allowed by circuit court or county commission.

If any fiduciary fails to present to the fiduciary commissioner, to whom the estate or trust has been referred, a statement of receipts for any year, within two months after its expiration, in accordance with the provisions of section two of this article, or if a fiduciary is found chargeable for that year with any money or other property not included in such statement, the fiduciary may have no compensation for fiduciary services during such year, nor commission on such money or other property, unless otherwise allowed by the county commission or circuit court. This section shall not apply to a case in which, within two months after the end of any one year, the fiduciary gives to the parties entitled to the money or any other property received in such year, a statement of such money or other property, and actually settled therefor with them; nor to a case in which, within such two months after the end of any one year, a fiduciarypresents a statement of receipts for the year to a fiduciary commissioner and who may, in a pending suit, have been ordered to settle the account.