WEST VIRGINIA CODE
WVC 44 - 3 A- 22
§44-3A-22. Hearing on report and exceptions; appeal; effect of
confirmation.
A hearing on the report of claims returned by the fiduciary
supervisor or 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 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 commissioner and the county commission.
After the report of the 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