H. B. 2008
(By Delegate Fantasia)
[Introduced February 12, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twenty-nine, article two, chapter forty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
administration of estates and trusts; proof and allowance of
claims; and waiver of final settlements in estates subject
to administration.
Be it enacted by the Legislature of West Virginia:
That section twenty-nine, 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.
§44-2-29. Waiver of final settlement.
In all estates of decedents subject to administration under
this article where a release of lien required by the provisions of article eleven, chapter eleven of this code has been filed with the clerk and more than ninety days have elapsed since the
filing of any notice required by the provisions of this article,
even though such estate may have been referred to a fiduciary
commissioner, a final settlement may be waived by a waiver
containing an affidavit made by the personal representative, that
the time for filing of claims has expired, that no known and
unpaid claims exist against the estate, and that all
beneficiaries have each been advised of the share or shares to
which each is entitled from the estate and signed by every
beneficiary or, in the case of an estate that has been
referred to a fiduciary commissioner, signed by the fiduciary
commissioner.
In the case of a beneficiary under a disability, the duly
qualified personal representative of such beneficiary may sign in
lieu of such beneficiary. A personal representative signing such
waiver shall be responsible to his or her cestui que trust for
any loss resulting from such waiver.
The waiver shall be recorded as in the case of and in lieu
of a settlement.
NOTE: The purpose of this bill is to require the signature
of the fiduciary commissioner on any waiver of final settlement
when the estate has previously been referred to the fiduciary commissioner.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.