WVC 19 - 21 - 32
§19-21-32. No action to abate on account of death or disability;
service of summons; notice to nonresidents.
No action under this article shall abate by reason of the
death or disability of any party to any proceeding, but upon
suggestion of such death or disability the cause shall be
immediately revived in the name of the heirs, devisees or their
legal representatives, and summons must be served on such heirs,
devisees and legal representatives at least five days before the
day set for hearing the cause, and such summons may be served in
vacation or term time. If the heirs, devisees or legal
representatives of the deceased party are nonresidents, notice
shall be given them in the manner and for the time provided in
section four of this article, and the cause shall then proceed in
all respects as in case of the original parties in court.