WVC 44 - 2 - 29
§44-2-29. Waiver of final settlement.
In all estates of decedents subject to administration under
this article where a release of lien, if required by the provisions
of article eleven, chapter eleven of this code, has been filed with
the clerk and more than ninety days have elapsed since the filing
of any notice required by the provisions of this article, even
though such estate may have been referred to a fiduciary
commissioner, a final settlement may be waived by a waiver
containing an affidavit made by the personal representative, that
the time for filing of claims has expired, that no known and unpaid
claims exist against the estate, and that all beneficiaries have
each been advised of the share or shares to which each is entitled
from the estate. Each beneficiary shall sign the waiver unless the
beneficiary receives a bequest of tangible personal property or a
bequest of cash.
In the case of a deceased beneficiary or a beneficiary under
a disability, the duly qualified fiduciary or agent of such
beneficiary may sign in lieu of such beneficiary. A fiduciary or
agent signing such waiver shall be responsible to the beneficiary
for any loss resulting from such waiver.
The waiver shall be recorded as in the case of and in lieu of
a settlement as provided in section one, article two of this