WEST VIRGINIA CODE
WVC 44 - 3 - 6
§44-3-6. Fiduciary commissioner to inspect bonds of
fiduciaries.
Each fiduciary commissioner shall, at least once each month,
ascertain from the records of the county commission of his county
what estates and fiduciary matters have been referred to him by
the county commission, or the clerk thereof since the fiduciary
commissioner's last inspection of the records. He shall examine,
as to each fiduciary, in any such estate or matter, whether the
fiduciary has given bond as the law requires, and, if it appears
that he has given no bond, or that his bond is defective, or that
the surety thereon has removed from the state, died, or become
insolvent, or is bound already in too many other bonds, the
fiduciary commissioner shall make report thereof to his county
commission at its next term. He shall also have the fiduciary
summoned to appear at that term to show cause why he should not
give such bond as is required by law. At that term the fiduciary
shall be required forthwith to give such bond as is required by
law, or shall have his authority revoked. Until a fiduciary has
fully administered the estate under his charge, and made his
final account, the fiduciary commissioner shall annually make
inspections of the bonds of that fiduciary, and make reports
thereof. He shall issue a summons whenever the circumstances
require, and the commission shall make an order as may be
warranted by the facts then determined. An appeal from the order
of the county commission shall lie to the circuit court of the
county. An appeal may be taken on request of the fiduciary or of
the fiduciary commissioner if applied for before the end of the term of the county commission at which the order was made. When
an appeal is taken, the clerk of the county commission shall
certify all papers in the matter, including a copy of the bond,
to the clerk of the circuit court, where the same shall be
docketed and proceeded with as other appeals from the county
commission.
Note: WV Code updated with legislation passed through the 2012 1st Special Session