WVC 44 - 9 - 10
§44-9-10. Procedure when supposed decedent fails to appear.
If such supposed decedent shall not appear, or satisfactory
evidence that he is alive shall not be offered, on or before such
date, the circuit court shall review the record from the county
court filed in such suit, and, if satisfied that the county court
improperly ruled on the facts before it with reference to the
presumption of death, may call for and take further proof, and,
when satisfied that the presumption of death is properly
established, shall then refer the cause to a commissioner in
chancery to convene the creditors of such supposed decedent, by
publishing notice therefor in the manner provided in proceedings
for subjection of a decedent's real estate to the payment of his
debts, and to take proof of the claims of creditors, the amount
and nature of the estate of such supposed decedent and the
persons entitled thereto; and the cause shall thenceforth be
proceeded with as other causes in chancery of a similar nature.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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