H. B. 2940
(By Delegates Jenkins, Staton and Hines)
[Introduced February 26, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section eight, article one, chapter
forty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to relieving an
executor from the obligation to give bond in an estate where
the testator has directed that no bond be required.
Be it enacted by the Legislature of West Virginia:
That section eight, article one, 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 1. PERSONAL REPRESENTATIVES.
§44-1-8. When executor not to give bond.
Subject to the provisions of section three, article five of
this chapter governing the appointment of a nonresident of this
state as an executor, where the will directs that an executor
shall not give security bond, it shall not be required of him or her, unless at the time the will is admitted to probate or at any
time subsequently, on the application of any person interested,
or from the knowledge of the court or clerk admitting the will to
probate, it is deemed proper that security bond ought to be
given.
NOTE: The purpose of this bill is to remove the obligation
of an executor to post bond if the testator has directed that no
bond is required.
Strike-throughs represent language that would be stricken
from present law, and underscoring indicates new language that
would be added.