H. B. 2933


(By Delegates Hrutkay, Webster, Foster, Webb and Staton)


[Introduced February 10, 2003 ; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact section three, article one, chapter forty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to qualification, duties and obligations of executors or administrators; relating to the manner and form of the oath to be submitted by an executor or administrator before he or she is made executor; and providing that the executor or administrator submits personally to the jurisdiction of the court in any proceeding relating to the estate.

Be it enacted by the Legislature of West Virginia:
That section three, 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.
§44-1-3. Oath of executor or administrator with will annexed; acceptance of appointment; consent to jurisdiction.
(a) The oath of an executor, or of an administrator with the will annexed, shall be that the writing admitted to record contains the true last will and testament of the deceased, as far as he or she knows or believes, and that he or she will faithfully perform the duties of his or her office to the best of his or her skill and judgment. Said oath may be made by the executor or administrator in person before county commission, the county clerk or the office of fiduciary supervisor of the county in which the will has been filed or admitted to record, or tendered as part of a written application or request for appointment, signed by the executor or administrator and duly verified and witnessed by a notary public, filed with the appointing county commission or office of the fiduciary supervisor.
(b) By taking such oath and accepting appointment, an executor or administrator submits personally to the jurisdiction of the county commission, fiduciary supervisor and court in any proceeding relating to the estate that may be instituted in that county by any interested person. Notice of any proceeding shall be delivered or mailed to the executor or administrator by ordinary first class mail at his or her address as listed in the application or request for appointment or as thereafter reported to the county commission, office of fiduciary supervisor or court and to his or her address as then known to the petitioner.

NOTE: The purpose of this bill is to allow the oath required by this section to be submitted in person or as a part of a duly verified and notarized written request for appointment; and to clearly provide that by requesting and accepting such appointment, the executor or administrator consents to jurisdiction in relation to any proceeding relating to the estate.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.