WVC 41 - 5 - 5
§41-5-5. Procedure for probate in solemn form.
The county court, sitting in a regular or special session,
shall hear and determine all proceedings to admit a will to
probate in solemn form. Upon or at any time after the production
of a will, any person may offer the will for probate in solemn
form by filing in the county court having jurisdiction a petition
duly verified by affidavit, stating when and where the testator
died, his last place of residence, the nature of his estate, the
relationship to decedent and place of residence of each of his
heirs at law and distributees, surviving wife or husband, and
each of the beneficiaries of the will. Process shall issue
against and be served upon all persons interested in the probate
of the will to appear at a day named, and show cause why the will
should not be admitted to probate. A guardian ad litem for any
person under disability shall be appointed, upon whom such
process may be served, and such process shall be served upon
parties resident in the state, and proceedings by order of
publication or service in person without the state shall be had
against all nonresidents and against all persons to the
petitioner unknown, in the same manner as process is served and
such proceeding had in suits in equity. At any time after the
petition is filed and before final order is made admitting or
refusing to admit the will to probate any person desiring to
contest the will may appear and file a notice of contest in the
proceeding, stating concisely the grounds of such contest.
Thereupon, process shall issue on such notice and be served upon
any person whose interest will be adversely affected by a refusal to admit the will to probate to appear and defend his interest.
Any person sui juris may waive service of process upon the
petition or notice, and the guardian ad litem of any person under
disability may waive service of any such process, upon such
person and upon himself. Process upon the petition or notice
shall be served at least ten days before the return day thereof.
Any petition or notice of contest hereunder may be filed in the
office of, process be issued, served and returned, and a guardian
ad litem appointed by, the clerk of the court in the vacation of
the court, and the proceeding may be matured and set down for
Note: WV Code updated with legislation passed through the 2016 Regular Session
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