WVC 44 - 9 - 12
§44-9-12. Vacation of prior proceedings on reappearance of
The circuit court may at any time, on satisfactory proof
that the supposed decedent is in fact alive, set aside and vacate
all proceedings theretofore had in such suit, including the
decree of distribution, if such has been entered, and any order
or decree entered by it or the county court establishing the
presumption of death, and upon doing so shall certify that fact
to the county court. The county court shall thereupon revoke the
probate of any will of such supposed decedent and the grant of
letters testamentary or of administration on his estate:
That in no case shall the supposed decedent file his
petition or suit to set aside and vacate such adjudication after
the lapse of fifteen years from the date of such adjudication.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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