WVC 44 - 3 A- 30
§44-3A-30. Accounting for money not disposable at time of
settlement; subsequent distribution of such money.
Notwithstanding any other provision of law, if an estate is
otherwise ready for final settlement and the personal
representative holds any sum or sums of money necessary for the
payment or distribution of any contingent, unliquidated,
unmatured or disputed bequest or claim, which cannot be paid or
distributed because the whereabouts of the claimant or
distributee are unknown, or cannot be paid or distributed for any
other reason, he may, with the consent of the fiduciary
supervisor or fiduciary commissioner to whom the estate has been
referred, pay such sum or sums to the general receiver of the
circuit court in the county in which the estate is being
administered. Any such payment, together with a receipt
therefor, shall be reflected and shown in such supervisor's or
commissioner's final report. After said report is confirmed by
the county commission, such personal representative shall not be
personally liable for any such aforesaid bequest or claim.
Any person entitled to any funds paid to a general receiver
of a circuit court pursuant to the provisions of this section may
petition the circuit court in a summary proceeding for an order
directing the distribution of such funds. Any person believed to
have any claim to or interest in said funds shall be made a party
defendant to such petition and shall be given such notice of any
hearing thereon as the circuit court may direct. The circuit
court shall enter an order directing the distribution of said
funds to the person or persons entitled thereto. The costs of said proceedings shall be paid from the funds.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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