WEST VIRGINIA CODE
WVC 44 - 2 - 19
§44-2-19. Hearing on report and exceptions; appeal; effect of
confirmation.
The hearing on the report of claims returned by a fiduciary
commissioner shall be had at the first term of the county
commission occurring not earlier than ten days after its return.
If there be no exceptions to such report it shall be confirmed,
but if excepted to, the county commission shall pass upon the
exceptions and make its order thereon, without hearing or
receiving any new evidence; but if good cause be shown for the
introduction of further proof regarding any matter contained in
such report, the report shall be referred back to the fiduciary
commissioner for the taking of further proof and the making of a
supplemental report. An appeal from the decision of such county
commission on such report and exceptions and on the supplemental
report and exceptions, if there be such supplemental report, may,
without any formal bill of exceptions, be taken to the circuit
court of the county. The appeal shall be tried and heard in the
circuit court, or before the judge thereof in vacation, on the
record made before the fiduciary commissioner and on order of the
county commission. After the report of the fiduciary
commissioner on the claims against the estate of any decedent has
been confirmed by the county commission, or the circuit court on
appeal, or corrected and confirmed after appeal, the same shall
be forever binding and final.
Note: WV Code updated with legislation passed through the 2012 1st Special Session