WEST VIRGINIA CODE
WVC 44 - 3 A- 20
§44-3A-20. How contingent and unliquidated claims and claims
not matured may be provided for.
The fiduciary supervisor or fiduciary commissioner, as may
be, in his report on claims shall direct the personal
representative to withhold from distribution to beneficiaries
sufficient assets to take care of such contingent and
unliquidated claims and claims not matured as shall be presented
and proved or a proportion thereof equal to what is paid to other
creditors of the same class, and such assets shall be so withheld
until such contingent liability becomes fixed, or such
unliquidated liability becomes liquidated, or until such claim
not matured matures, as the case may be, at which time such
assets shall be disbursed or distributed as the fiduciary
supervisor or fiduciary commissioner in his report may have
designated and the circumstances may require. But in any case
where there are sufficient assets to pay all liquidated claims
against any estate, any legatee or distributee of the estate
shall be entitled to be paid his or her share of the full surplus
of the estate, after payment of, or provision for, all liquidated
claims, both those matured and those not matured has been made,
upon such legatee's or distributee's giving to the personal
representative a bond, executed by himself or some other person,
with sufficient security, to be approved by the county
commission, or the fiduciary supervisor thereof during any recess
thereof, conditioned to refund a due proportion of any
unliquidated or contingent debts or demands which may afterwards
appear against the decedent or become liquidated or have their liability fixed, and of the costs attending their recovery. Such
bond shall be filed in the office of the clerk of the county
commission where probate of the will or administration of the
estate was had, and recorded by such clerk in the record of
bonds. After the giving of any such bond or bonds, creditors
holding unliquidated or contingent debts and demands shall, as to
the estate distributed by virtue of the giving of such bond or
bonds, look only to such bond or bonds for the payment of such
debts and demands.
Note: WV Code updated with legislation passed through the 2012 1st Special Session