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.