ENGROSSED
Senate Bill No. 427
(By Senators Wooton, Minear, Sharpe, Ross and Kessler)
____________
[Introduced February 4, 1999;
referred to the Committee on the Judiciary.]
____________

A BILL to amend and reenact section one, article two, chapter forty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to settlement of certain estates; and reducing time for filing proof of claims by creditors.

Be it enacted by the Legislature of West Virginia:
That section one, 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.

§44-2-1. Reference of decedents' estates; proceedings thereon.
(a) Upon the return of the appraisement by the personal representative to the county clerk, the estate of his or her decedent shall, by order of the county commission to be then made, be referred to a fiduciary commissioner for proof and determination of debts and claims, establishment of their priority, determination of the amount of the respective shares of the legatees and distributees, and any other matter necessary and proper for the settlement of the estate: Provided, That in counties where there are two or more such commissioners, the estates of decedents shall be referred to such commissioners in rotation, in order that, so far as possible, there may be an equal division of the work. Notwithstanding any other provision of this code to the contrary, a fiduciary commissioner may not charge to the estate a fee greater than three hundred dollars and expenses for the settlement of an estate, except upon: (i) Approval of the personal representative; or (ii) a determination by the county commission after a hearing that complicating issues or problems attendant to such settlement substantiate the allowance of a greater fee.
(b) If the personal representative ~~shall deliver~~ delivers to the clerk an appraisement of the assets of the estate showing their value to be fifty thousand dollars or less, exclusive of real estate specifically devised and nonprobate assets, or, if it appears to the clerk that there is only one beneficiary of the probate estate and that the beneficiary is competent at law, the clerk shall record ~~said~~ the appraisement and publish a notice once a week for two successive weeks in a newspaper of general circulation within the county of administration of the estate, substantially as follows:
NOTICE OF PENDING OR UNADMINISTERED ESTATE
"Notice is hereby given that settlement of the estate of the following named decedents will proceed without reference to a fiduciary commissioner unless within ~~ninety~~ thirty days from the first publication of this notice such reference is requested by a party in interest or an unpaid creditor files a claim and good cause is shown to support reference to a fiduciary commissioner.
Dated this _____ day of ____________________________, _____.

___________________________________
Clerk of the County Commission of

___________ County, West Virginia."
The clerk shall charge to the personal representative, and receive, the reasonable cost of publication of the notice. If an unpaid creditor files a claim against the estate, the personal representative has twenty days after the date of the filing of a claim against the estate of the decedent to approve or reject the claim before the estate is referred to a fiduciary commissioner. If the personal representative approves all claims as filed, then no reference may be made.
The personal representative shall, within a reasonable time after the date of recordation of the appraisement in such case: (i) File a waiver of final settlement in accordance with the provisions of section twenty-nine of this article; or (ii) make a report to the clerk of his or her receipts, disbursements and distribution and submit an affidavit stating that all claims against the estate for expenses of administration, taxes and debts of the decedent have been paid in full. The clerk shall collect a fee of ten dollars for recording such report and affidavit and for publication of the notice hereafter provided, the fee to be in lieu of any other fee provided by law for recording a report of settlement of the accounts of a decedent's personal representative. At least once a month the clerk shall cause to be published once a week for two successive weeks in a newspaper of general circulation within the county of the administration of the estate, with regard to reports received in the prior month, a notice substantially as follows:
NOTICE OF FILING OF ESTATE ACCOUNTS

OR WAIVERS OF FINAL SETTLEMENT

"I have before me the account or waiver of final settlement of the executor(s) or administrator(s) of the estates of the following deceased persons:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Any person having a claim against the estate of any such deceased person, or who has any beneficial interest therein, may appear before me or the county commission at any time within thirty days after first publication of this notice, and request reference of said estate to a commissioner or object to confirmation of the accounting. In the absence of such request or objection, the accounting may be approved by the county commission.
________________________________
Clerk of the County Commission

of ____________ County, W. Va."

If no such request or objection is made to the clerk or to the county commission, the county commission may confirm the report of the personal representative and thereupon the personal representative and his or her surety shall be discharged; but if such objection or request is made, the county commission may confirm the accounting and record the same or may refer the estate to one of its fiduciary commissioners: Provided, That the personal representative has twenty days after the date of the filing of a claim or claims against the estate of the decedent to approve or reject the claim before the estate is referred to a fiduciary commissioner and if all claims are approved as filed, then no reference may be made.

______________
JUDICIARY COMMITTEE AMENDMENT

On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 427--A Bill to amend and reenact section one, article two, chapter forty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to settlement of certain estates; and reducing time for filing proof of claims by creditors.