WVC 44 -
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
WVC 44 - 1 -
ARTICLE 1. PERSONAL REPRESENTATIVES.
WVC 44 - 1 - 1
§44-1-1. Executor has no powers before qualifying.
A person appointed by a will executor thereof shall not have
the powers of executor until he qualify as such by taking an oath
and giving bond before the county court in which the will, or an
authenticated copy thereof, is admitted to record, or before the
clerk thereof in vacation, except that he may provide for the
burial of the testator, pay reasonable funeral expenses and
preserve the estate from waste.
WVC 44 - 1 - 2
§44-1-2. Administration with will annexed.
If there be no executor appointed by the will, or if all the
executors therein named refuse the executorship, or fail when
required to give such bond, which shall amount to such refusal,
or have died, such court, or clerk thereof during the recess of
the regular sessions of such court, may grant administration,
with the will annexed, to the person who would have been entitled
to administration if there had been no will, and he shall take
such oath and give such bond.
WVC 44 - 1 - 3
§44-1-3. Oath of executor or administrator with will annexed.
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 knows or believes, and that he will faithfully perform the
duties of his office to the best of his skill and judgment.
WVC 44 - 1 - 4
§44-1-4. Appointment of administrator.
When a person dies intestate the jurisdiction to hear and
determine the right of administration of his estate shall be in
the county court, or clerk thereof during the recess of the
regular sessions of such court, which would have jurisdiction as
to the probate of his will, if there were one. Administration
shall be granted to the distributees who apply therefor,
preferring first the husband or wife, and then such of the others
entitled to distribution as such court or clerk shall see fit. If
no distributee apply for administration within thirty days from
the death of the intestate, such court or clerk may grant
administration to one or more of his creditors, or to any other
WVC 44 - 1 - 5
§44-1-5. When curator may be appointed; his duties.
The county court, or clerk thereof during the recess of the
regular sessions of such court, may appoint a curator of the
estate of a decedent, during a contest about his will, or during
the infancy or in the absence of an executor, or until
administration of the estate be granted, taking from him a bond
in a reasonable penalty. The curator shall take care that the
estate is not wasted before the qualification of an executor or
administrator, or before such estate shall lawfully come into
possession of such executor or administrator. He may demand, sue
for, recover, and receive all debts due to the decedent, and all
his other personal estate, and when there is a will may, or if a
will be in contest shall, with respect to any real estate whereof
the decedent or testator may have died seized or possessed,
exercise such rights as the executor or administrator with the
will annexed could exercise, including the collection of any
rents and profits of such real estate and the leasing of the same
for a term not exceeding the period of the curator's incumbency.
Upon the qualification of an executor or administrator, such
curator shall account with the executor or administrator for, and
pay over to him, such estate as came into such curator's hands or
for which he is liable.
WVC 44 - 1 - 6
§44-1-6. Bond and oath; termination of grant in certain cases.
At the time of the grant of administration upon the estate
of any intestate, the person to whom it is granted shall, in the
court or before the clerk granting it, give bond and take an oath
that the deceased has left no will so far as he knows, and that
he will faithfully perform the duties of his office to the best
of his judgment. If a will of the deceased be afterwards admitted
to record, or if, after administration is granted to a creditor
or other person than a distributee, any distributee who shall not
have before refused shall apply for administration, there may be
a grant of probate or administration, after reasonable notice to
such creditor or other person theretofore appointed, in like
manner as if the former grant had not been made, and such former
grant shall thereupon cease.
WVC 44 - 1 - 7
§44-1-7. Penalty of bond.
Every bond of an executor or administrator shall be in a
penalty equal, at the least, to the full value of the personal
estate of the deceased to be administered; and where there is a
will which authorizes the executor or administrator to sell real
estate, or receive the rents and profits thereof, the bond shall
be in a penalty equal, at the least, to the full value both of
such personal estate and of such real estate, or of such personal
estate and of such rents and profits, as the case may be. If on
the filing of the inventory or appraisement of the estate it
shall appear that the penalty of the bond does not comply as to
amount with the foregoing requirements, the court in which, or
the clerk before whom, such bond was given, shall immediately
notify such executor or administrator of such fact and require of
him a new or additional bond, and the failure of such executor or
administrator to give the same within a reasonable time shall be
sufficient cause for his removal.
WVC 44 - 1 - 8
§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 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 bond ought to be given.
WVC 44 - 1 - 9
§44-1-9. Administration de bonis non upon death, resignation or
removal of sole surviving executor or administrator;
executor or administrator of executor or
administrator not authorized to administer estate of
first testator or intestate.
In any estate in which there is a will, on the death,
resignation or removal of the sole surviving executor of any such
will or of an administrator with the will annexed, administration
of the estate of the testator, not already administered, may be
granted with the will annexed; and in any estate in which there
is no will, on the death, resignation or removal of the
administrator of such estate, administration of the estate, not
already administered, may be granted, to such person as the court
shall find it proper to appoint; and no executor or administrator
of an executor or administrator shall have authority as such to
administer the estate of the first testator or the first
WVC 44 - 1 - 10
§44-1-10. Marriage of female representative does not extinguish
Where an unmarried woman who is personal representative,
either alone or jointly with another, shall marry, her husband
shall not be a personal representative in her right, and such
marriage shall not operate as an extinguishment of her authority.
WVC 44 - 1 - 11
§44-1-11. When sheriff to administer estate.
If at any time two months elapse without there being an
executor or administrator of the estate of a decedent (except
during a contest about the decedent's will, or during the infancy
or absence of the executor), the court or clerk before whom the
will was admitted to probate, or having jurisdiction to grant
administration, shall on motion of any person order the sheriff of
the county to take into his or her possession the estate of such
decedent and administer the same; whereupon such sheriff, without
taking any other oath of office, or giving any other bond or
security than he or she may have before taken or given, shall be
the administrator or administrator de bonis non of the decedent,
with his or her will annexed if there be a will, and shall be
entitled to all the rights and bound to perform all the duties of
the administrator. For his or her services as administrator of an
estate, the sheriff shall receive from the estate a fee of five
percent of the estate subject to administration, which fee shall be
deposited to the treasury of the county. Every sheriff shall, in
the month of January in each year, make a written report to the
county commission of his or her county, and if the court is not in
session, then he or she shall file the report with the clerk of the
court, of the receipts and disbursements of each estate so
committed to him or her, and at the end of his or her term of office make a complete report and settlement of each estate so
committed to him or her, and shall turn over to his or her
successor in office all moneys or property in his or her hands
remaining unadministered. The court or clerk may, however, at any
time afterward revoke such order and allow any other person to
qualify as the executor or administrator; and the court, or the
clerk thereof, shall, at the expiration of the term of office of
any sheriff, commit to his or her successor in office any and all
estates which may appear, by the final report above required to be
made by the sheriff at the end of his or her term, not to have been
fully administered. Every sheriff to whom any estate shall have
been committed, as aforesaid, who shall fail to render any report
as required herein, or who shall fail to make such settlement
within two months after the end of his or her term of office shall
be guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than fifty nor more than five hundred dollars.
WVC 44 - 1 - 12
§44-1-12. Letters of administration.
A copy of the order whereby certificate is granted to any
personal representative for obtaining probate or letters of
administration, shall be as effectual as the probate or letters
made out in due form. Nevertheless, the clerk of the court, in
which such order is made, shall, when required by any personal
representative, make out such probate or letters in due form.
WVC 44 - 1 - 13
§44-1-13. Affidavit showing heirs, distributees, devisees and
legatees of decedent.
At the time of the qualification of an executor or
administrator, the court or clerk before whom he qualifies shall
require such executor or administrator to file his own affidavit,
or the affidavit of some credible person, showing the names and,
as far as possible, the addresses of the persons who would take
any part of the estate of the decedent as heirs or distributees
in cases of the intestacy of the decedent and of the persons who
are devisees and legatees under the will, if any, of the
decedent, and their relationship to decedent, and the clerk of
the court shall record such affidavit in the fiduciary record,
which affidavit and the record thereof shall be prima facie
evidence of what is contained therein. The personal
representative shall not receive any compensation for his
services until such names and addresses be furnished by affidavit
as aforesaid, unless he shows by affidavit that such heirs,
distributees, devisees and legatees and their addresses are
unknown to him and that after diligent inquiry he has been unable
to ascertain their names and addresses.
WVC 44 - 1 - 13 A
Acts, 2002 Reg. Sess., Ch. 142.
WVC 44 - 1 - 14
§44-1-14. Appraisement of real estate and probate personal
property of decedents; disposition; hiring of
(a) The personal representative of an estate of a deceased
person shall appraise the deceased's real estate and personal
probate property, or any real estate or personal probate property
in which the deceased person had an interest at the time of his or
her death, as provided in this section.
(b) After having taken the appropriate oath, the personal
representative shall, on the appraisement form prescribed by the
Tax Commissioner, list the following items owned by the decedent or
in which the decedent had an interest and the fair market value of
the items at the date of the decedent's death:
(1) All probate and nonprobate real estate including, but not
limited to, real estate owned by the decedent, as a joint tenant
with right of survivorship with one or more parties, as a life
estate, subject to a power of appointment of the decedent, or in
which any beneficial interest passes by trust or otherwise to
another person by reason of the death of the decedent; and
(2) All probate personal property, whether tangible or
intangible, including, but not limited to, stocks and bonds, bank
accounts, mortgages, notes, cash, life insurance payable to the
executor or administrator of the decedent's estate and all other
items of probate personal property.
(c) Any real estate or interest in real estate so appraised
must be identified with particularity and description. The
personal representative shall identify the source of title in the
decedent and the location of the realty for purposes of real
property ad valorem taxation.
(d) For purposes of this section, the term "probate personal
property" means all personal property which passes by or under the
decedent's will or by the laws of intestate descent and
distribution or is otherwise subject to administration in a
decedent's estate under common law.
(e) The personal representative shall complete, under oath, a
questionnaire included in the appraisement form designed by the Tax
Commissioner for the purpose of reporting whether the decedent
owned or had an interest in any nonprobate personal property:
Provided, That the Tax Commissioner shall design a questionnaire
that is as much as possible phrased in understandable English.
(f) The appraisement form shall be executed and signed by the
personal representative. The original appraisement form and two of
its copies, together with the completed and notarized nonprobate
inventory form required by section seven, article eleven, chapter
eleven of this code, shall be returned to the clerk of the county
commission by whom the personal representative was appointed or to
the fiduciary supervisor within ninety days of the date of
qualification of the personal representative. The clerk or supervisor shall inspect the appraisement form to determine whether
it is in proper form. If the appraisement form is returned to a
fiduciary supervisor, within ten days after being received and
approved, the supervisor shall deliver the documents to the clerk
of the county commission. Upon receipt of the appraisement form,
the clerk of the county commission shall record it with the
certificate of approval of the supervisor. The date of return of
an appraisement form must be entered by the clerk of the county
commission in his or her record of fiduciaries. The nonprobate
inventory form shall be maintained and preserved by the clerk of
the county commission or the fiduciary supervisor, but shall not be
recorded in the records of the clerk of the county commission. The
nonprobate inventory form is confidential tax return information
subject to the provisions of section five-d, article ten, chapter
eleven of this code and may not be disclosed by the clerk of the
county commission and his or her officers and employees or former
officers and employees. Nothing in this section may be construed
to hinder, abrogate or prevent disclosure of information as
authorized in section thirty-five, article eleven, chapter eleven
of this code.
(g) An executed and signed appraisement form is prima facie
(1) Of the value of the property listed;
(2) That the property is subject to administration; and
(3) That the property was received by the personal
(h) Any personal representative who refuses or declines,
without reasonable cause, to comply with the provisions of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $25 nor more than $500.
(i) Every personal representative has authority to retain the
services of an expert as may be appropriate to assist and advise
him or her concerning his or her duties in appraising any asset or
property pursuant to the provisions of this section. An expert so
retained shall be compensated a reasonable sum by the personal
representative from the assets of the estate. The compensation and
its reasonableness is subject to review and approval by the county
commission, upon recommendation of the fiduciary supervisor.
(j) Except as specifically provided in subdivision (1),
subsection (b) of this section and in section seven, article
eleven, chapter eleven of this code, the personal representative is
not required to list and appraise nonprobate real estate or
nonprobate personal property of the decedent on the forms required
in this section or section seven, article eleven, chapter eleven of
WVC 44 - 1 - 14 A
§44-1-14a. Notice of administration of estate; time limits for
filing of objections; liability of personal
(a) Within thirty days of the filing of the appraisement of
any estate or within one hundred twenty days of the date of
qualification of the personal representative if an appraisement is
not filed as required in section fourteen of this article, the
clerk of the county commission shall publish, once a week for two
successive weeks, in a newspaper of general circulation within the
county of the administration of the estate, a notice, which is to
(1) The name of the decedent;
(2) The name and address of the county commission before whom
the proceedings are pending;
(3) The name and address of the personal representative;
(4) The name and address of any attorney representing the
(5) The name and address of the fiduciary commissioner, if
(6) The date of first publication;
(7) A statement that claims against the estate must be filed
within sixty days of the date of first publication in accordance
with article two or article three-a of this chapter;
(8) A statement that any person seeking to impeach or
establish a will must make a complaint in accordance with section eleven, twelve or thirteen, article five, chapter forty-one of this
(9) A statement that an interested person objecting to the
qualifications of the personal representative or the venue or
jurisdiction of the court must be filed with the county commission
within sixty days after the date of first publication or thirty
days of service of the notice, whichever is later; and
(10) If the appraisement of the assets of the estate shows the
value to be $200,000 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, a statement substantially as
follows: "Settlement of the estate of the following named decedents
will proceed without reference to a fiduciary commissioner unless
within sixty days from the first publication of this notice a
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". If a party in interest requests the
fiduciary commissioner to conclude the administration of the estate
or an unpaid creditor files a claim, no further notice to creditors
shall be published in the newspaper, and the personal
representative shall be required to pay no further fees, except to
the fiduciary commissioner for conducting any hearings, or
performing any other duty as a fiduciary commissioner. The time
period for filing claims against the estate shall expire upon the time period set out in the notice to creditors published by the
clerk of the county commission as required in this subsection (a).
If an unpaid creditor files a claim, the fiduciary commissioner
shall conduct a hearing on the claim filed by the creditor,
otherwise, the fiduciary commissioner shall conclude the
administration of the estate as requested by the interested party.
(11) This notice shall be published as a Class II legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code. The publication of such notice
shall be equivalent to personal service on creditors, distributees
(b) If no appraisement is filed within the time period
established pursuant to section fourteen of this article, the
county clerk shall send a notice to the personal representative by
first class mail, postage prepaid, indicating that the appraisement
has not been filed.
(c) The personal representative shall promptly make a diligent
search to determine the names and addresses of creditors of the
decedent who are reasonably ascertainable.
(d) The personal representative shall, within sixty days after
the date of first publication, serve a copy of the notice,
published pursuant to subsection (a) of this section, by first
class mail, postage prepaid, or by personal service on the
(1) If the personal representative is not the decedent's surviving spouse and not the sole beneficiary or sole heir, the
decedent's surviving spouse, if any;
(2) If there is a will and the personal representative is not
the sole beneficiary, any beneficiaries;
(3) If there is not a will and the personal representative is
not the sole heir, any heirs;
(4) The trustee of any trust in which the decedent was a
grantor, if any; and
(5) All creditors identified under subsection (c) of this
section, other than a creditor who filed a claim as provided in
article two of this chapter or a creditor whose claim has been paid
(e) Any person interested in the estate who objects to the
qualifications of the personal representative or the venue or
jurisdiction of the court, shall file notice of an objection with
the county commission within ninety days after the date of the
first publication as required in subsection (a) of this section or
within thirty days after service of the notice as required by
subsection (d) of this section, whichever is later. If an
objection is not timely filed, the objection is forever barred.
(f) A personal representative acting in good faith is not
personally liable for serving notice under this section,
notwithstanding a determination that notice was not required by
this section. A personal representative acting in good faith who
fails to serve the notice required by this section is not personally liable. The service of the notice in accordance with
this subsection may not be construed to admit the validity or
enforceability of a claim.
(g) The clerk of the county commission shall collect a fee of
$20 for the publication of the notice required in this section.
(h) For purposes of this section, the term beneficiary means
a person designated in a will to receive real or personal property.
WVC 44 - 1 - 15
§44-1-15. Duty of personal representative; debt not extinguished
by appointment of debtor as executor.
It shall be the duty of every personal representative to
administer well and truly the whole personal estate of his
decedent. The appointment of a debtor as executor shall not
extinguish the debt.
WVC 44 - 1 - 16
§44-1-16. When administrator de bonis non may administer assets
for which former personal representative liable.
When the powers of a personal representative have ceased and
an administrator de bonis non of the decedent's estate has been
appointed and qualified, it shall be lawful for the personal
representative whose powers have ceased, or his personal
representative if he shall have died, to pay and deliver to such
administrator de bonis non, or for him to demand, receive, and
recover the assets of his decedent, whether converted or not, for
which such former personal representative is responsible:
That the administrator de bonis non shall have
given, or shall give, a bond sufficient to cover the additional
assets, so to be paid or delivered to him, or so to be demanded
and received by him. The administrator de bonis non shall
administer the same as assets received in due course of
administration, and his receipt therefor shall be a voucher in
the settlement of the accounts of the former personal
representative, and shall exempt such former personal
representative from all liability for any of such assets paid
over and delivered to such administrator de bonis non. But this
section shall not be construed as exempting such former personal
representative and his sureties from liability for any breach of
duty, with respect to such assets, committed by him before they
were paid over and delivered by him as aforesaid.
WVC 44 - 1 - 17
§44-1-17. Food and fuel for family.
The provisions and fuel (or so much thereof as may be
necessary) which, at the death of any person, shall have been
laid in for consumption in his family, shall remain for the use
of such family, if the same be desired by any member of it,
without account thereof being made. Any livestock necessary for
the food of the family may be killed for that use before the sale
or distribution of the estate.
WVC 44 - 1 - 18
§44-1-18. What estate not to be sold.
Unless it be necessary for the payment of funeral expenses,
charges of administration or debts, the personal representative
shall not sell estate which the will directs not to be sold.
WVC 44 - 1 - 19
§44-1-19. Sale of goods likely to be impaired in value.
Of the goods not mentioned in the preceding section, other
than such as are exempt by any provision of law, the personal
representative shall, as soon as convenient, sell at public
auction such as are likely to be impaired in value by keeping,
giving a reasonable credit (except for small sums), and taking
bond with good security.
WVC 44 - 1 - 20
§44-1-20. When to sell other goods.
If the goods so sold be not sufficient to pay the funeral
expenses, charges of administration, debts and legacies, the
personal representative shall sell so much of the other goods and
chattels as may be necessary to pay the same, having regard to
the privilege of specific legacies.
WVC 44 - 1 - 21
§44-1-21. Estate for life of another is assets.
Any estate for the life of another shall go to the personal
representative of the party entitled to the estate, and be assets
in his hands, and be applied and distributed as the personal
estate of such party.
WVC 44 - 1 - 22
§44-1-22. Suits by and against.
A personal representative may sue or be sued upon any
judgment for or against, or any contract of or with, his
WVC 44 - 1 - 23
§44-1-23. Actions for goods carried away, waste or damage to
estate of or by decedent.
A civil action may be maintained by or against a personal
representative for the taking or carrying away of any goods, or
for the waste or destruction of, or damage to, any estate of or
by his decedent.
WVC 44 - 1 - 24
§44-1-24. Action for waste by representative.
A suit may be maintained against the personal representative
of an executor in his own wrong, or the personal representative
of a rightful executor or administrator by whom any waste may
have been committed.
WVC 44 - 1 - 25
§44-1-25. Administrator de bonis non may have scire facias.
Where a suit is pending or a judgment or decree has been
rendered in this state in favor of a personal representative,
upon a contract made or for a cause of action which accrued in
the lifetime of the decedent, the administrator de bonis non of
such decedent may sue forth a scire facias to have execution upon
such judgment or decree, or to revive and prosecute to judgment
or decree the suit so pending, if the personal representative who
brought it could have maintained the same.
WVC 44 - 1 - 26
§44-1-26. Action on bond of personal representative.
Where an execution on a judgment or decree against a
personal representative is returned without being satisfied,
there may be forthwith brought and prosecuted an action against
the obligors in any bond given by such personal representative
for the faithful discharge of his duties.
WVC 44 - 1 - 27
§44-1-27. Not chargeable beyond assets; pleas allowed.
No personal representative or any surety of his shall be
chargeable beyond the assets of the decedent by reason of any
omission or mistake in pleading or false pleading of such
representative. And in the action allowed by the preceding
section the defendants may plead any pleas and offer any evidence
which would be admissible in an action against a personal
representative suggesting a devastavit.
WVC 44 - 1 - 28
§44-1-28. Payment of small sums due employees to distributees of
decedents upon whose estates there have been no
(a) When the State of West Virginia, any of its political
subdivisions, the United States or any employer owes wages, salary,
pension payments or money allowed for burial expenses to a
decedent, upon whose estate there has been no qualification, and
the amount owed does not exceed $5,000, the State of West Virginia,
any of its political subdivisions, the United States or the
decedent's employer, after one hundred and twenty days from the
death of the decedent, may pay the amount owed to the decedent's
surviving spouse, if any; and if no spouse survived the decedent,
then to the distributees of the decedent under the laws of the
State of West Virginia.
(b) When the State Treasurer holds property in accordance with
article eight, chapter thirty-six of this code on behalf of a
decedent upon whose estate there has been no qualification, and the
amount of the property is $5,000 or less, the Treasurer may remit
the property to the surviving spouse of the decedent, if any; and
if no spouse survives the decedent, then to the distributees of the
decedent under the laws of the State of West Virginia. When the
State Treasurer holds property in accordance with article eight,
chapter thirty-six of this code on behalf of a decedent whose
estate is closed or has no present qualification and a valid will
or an affidavit naming the decedent's distributees has been filed with the appropriate probate jurisdiction, the Treasurer may remit
the property to the distributees as reflected in the will, or in
the absence of a will, as established by the affidavit, in
accordance with the laws of descent and distribution.
(c) Payment in accordance with this section is in full
discharge and acquittance to all persons whomsoever on account of
WVC 44 - 1 - 29
§44-1-29. Authority of personal representative concerning
conservation and preservation easements.
(a) A personal representative, trustee, administrator or
executor of a decedent or a decedent's estate is hereby granted the
(1) Sell a conservation or preservation easement created prior
to the decedent's death under article twelve, chapter eight-a of
this code or article twelve, chapter twenty of this code;
(2) Donate a conservation or preservation easement created
prior to the decedent's death under article twelve, chapter eight-a
of this code or article twelve, chapter twenty of this code;
(3) Amend a conservation or preservation easement created
prior to the decedent's death under article twelve, chapter eight-a
of this code or article twelve, chapter twenty of this code and
recorded on the decedent's real property in order to obtain the
benefit of the estate tax exclusion allowed under §2031(c) of the
United States Internal Revenue Code of 1986, as amended;
(4) Execute a deed of conservation or preservation easement
and related documents when decedent's application to establish and
convey an easement was approved by a holder during the nine-month
period preceding the date of decedent's death, but the deed of
conservation or preservation easement and related documents were
not signed by the decedent before his or her death: Provided, That
before executing these documents, the personal representative,
trustee or executor complies with the provisions of subsection (b) of this section; or
(5) Execute a deed of conservation or preservation easement
and related documents when decedent's application to establish and
convey an easement was submitted to a holder before decedent's
death but is approved by a holder after the decedent's death:
Provided, That before executing these documents, the personal
representative, trustee, administrator or executor complies with
the provisions of subsection (b) of this section.
(b) The personal representative, trustee, administrator or
executor shall ensure that the sale, donation, amendment or
transfer of a conservation or preservation easement complies with
(1) The proposed sale, donation, transfer or amendment
satisfies the requirements set forth in the provisions of article
twelve, chapter eight-a of this code or article twelve, chapter
twenty of this code, as applicable to the particular easement;
(2) The proposed sale, donation, transfer or amendment is to
a qualified conservation organization or holder and the
organization or holder agrees to accept the conservation or
preservation easement; and
(3) The sale, donation, transfer or amendment meets one of the
(A) All heirs, beneficiaries and devisees with interests in
the real estate affected provide written consent; or
(B) The will or other testamentary instrument directs the personal representative, trustee or executor to sell or donate the
conservation or preservation easement; or
(C) At the time of the decedent's death, the decedent had a
pending application for a sale or donation of a conservation or
preservation easement and such conservation or preservation
easement was in process of settlement.
WVC 44 - 1 - 30
§44-1-30. Death certificate or other proof of death and residence
may be required.
The clerk of the county commission may require a certified
copy of a decedents death certificate or other proof of death and
residence prior to fulfilling the clerk's responsibilities under