H. B. 2130
(By Delegate Huffman)
[Introduced February 16, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section two, article four, chapter
forty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to accounting by
fiduciaries and requiring fiduciaries to account for
securities, bonds, stocks and other personal property in
settling estates.
Be it enacted by the Legislature of West Virginia:
That section two, 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, securities, stocks, bonds and
all other personal property which any personal representative,
guardian, curator or committee, has received, become chargeable
with or disbursed, within one year from the date of his
qualification, or within any succeeding year, together with thevouchers for such disbursements, shall, within two months after
the end of every such period be exhibited by him before the
fiduciary commissioner to whom the estate or trust has been
referred. If any fiduciary fails to make an exhibit, the
fiduciary commissioner before whom he should make the exhibit
shall proceed against him 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.
NOTE: The purpose of this bill is to require fiduciaries to
account for securities, stocks, bonds and personal property in
addition to accounting for all moneys in the settlement of an
estate.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.