WVC 44 - 4 - 8
§44-4-8. How accounting compellable by person interested.
If any fiduciary fails to present to a fiduciary
commissioner a statement of his receipts for any year, the county
commission shall, upon request made to it, within ten years from
the commencement of that year, by any person who is interested as
creditor, legatee, distributee, surety of such fiduciary, or
otherwise, or who appears as next friend of a person under
disability who is so interested, refer the matter to one of the
fiduciary commissioners, who shall issue a summons directed to
the sheriff or other officer of any county, requiring him to
summon the fiduciary to present to the fiduciary commissioner a
statement of his receipts and disbursements, accompanied by his
vouchers, for that year, and for the time which may have since
elapsed. If the same is not, within one month after the service
of the summons, presented to the fiduciary commissioner, he shall
report the fact to the circuit court of his county, or to the
judge thereof in vacation, and the fiduciary shall be proceeded
against in like manner, and be subject to the same penalty, as is
provided in cases where fiduciaries fail to return inventories of
their respective estates.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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