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.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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