WVC 44 - 3 A- 41
§44-3A-41. When county commission to refer controversies to
fiduciary commissioner; rules of procedure.
The county commission, whenever any controversy arises in
connection with the probate of any will, or with the appointment
and qualifications of personal representatives, guardians,
committees or curators, or with the settlement of the accounts of
any fiduciary, may, of its own motion, or on the motion of any
party thereto, and shall, on the joint demand of the parties then
appearing of record to the proceeding, refer the matter to a
fiduciary commissioner, or to a person specifically appointed to
act as such commissioner, to hear proof on the same, to make
findings thereon, and to advise the commission on the law
governing the decision of the matter. Any party may except to
such commissioner's findings of fact of law, and the commission
shall hear the case on the fiduciary commissioner's report and
the exceptions thereto, without taking any additional evidence.
In hearing and reporting on any such matter the fiduciary
commissioner shall be governed as to procedure by the law and
practice, so far as applicable, controlling commissioners in
Note: WV Code updated with legislation passed through the 2016 Regular Session
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