WVC 44 -
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
WVC 44 - 12 -
ARTICLE 12. POWERS OF CLERK IN VACATION OF COUNTY COURT.
WVC 44 - 12 - 1
§44-12-1. What clerk may do in vacation of county court.
The clerk of any county court in the vacation of such court,
may appoint appraisers of estates of decedents, admit wills to
record, appoint and qualify executors, administrators, guardians,
curators and committees, and require and take from them the
necessary bonds, upon the same procedure and proof, and in the
same manner and with like effect for the time being, as such
county court could do if in session; but no contest as to such
probate or appointment shall be heard or determined by such
clerk, and when notice of contests is given the matter shall
stand continued until the next regular session of the county
WVC 44 - 12 - 2
§44-12-2. Report by clerk to county court; hearing on same.
The probate of every will and the appointment of every
appraiser of the estate of a decedent, executor, administrator,
guardian, curator and committee so made by such clerk, shall be
reported by him to the next regular session of the county court,
when, if no objection be made thereto and none appears to the
court, the court shall confirm the same. But if objection be
made by any person interested, the county court shall hear and
determine the same, and shall proceed in relation thereto in the
same manner as if the application for the probate of such will,
or for the appointment of such appraiser of the estate of a
decedent, executor, administrator, guardian, curator or committee
had been made to such court in the first instance. And the court
may make from time to time, pending such proceedings, such orders
as it may deem necessary for the protection and safekeeping of
the estate of the testator, intestate or ward.
WVC 44 - 12 - 3
§44-12-3. Confirmation of action of clerk.
When the probate of such will, or the appointment of such
appraisers of estate of decedents, or the appointment of such
executor, administrator, guardian, curator or committee is
confirmed by the court, with or without contest, the same shall
be held and treated in all respects as if the will had been
probated and admitted to record, or the appointment had been
made, by the county court in the first instance.
WVC 44 - 12 - 4
When objection is made to the action of the clerk, as
mentioned in the second section of this article, the party
prevailing in the trial of such objection shall recover from the
opposite party his costs.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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