COMMITTEE SUBSTITUTE

FOR

H. B. 2130
(By Delegate Huffman)


(Originating in the House Committee on the Judiciary)


[February 19, 1993]


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.

 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, 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 or disbursed, within one year from the date of his 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 him the fiduciarybefore 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 the fiduciary should make the exhibit shall proceed against him 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.