ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 494
(Senators Kessler and Chafin, original sponsors)
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[Passed March 13, 2010; in effect ninety days from passage.]
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AN ACT to amend and reenact §44-3-1 of the Code of West Virginia,
1931, as amended; to amend and reenact §44-3A-35
of said code;
and to amend said code by adding thereto a new section,
designated §51-10A-6; all relating to fiduciary matters;
updating references from the commissioner of accounts to the
fiduciary commissioner; requiring fiduciary commissioner to
file status reports and settle accounts of certain cases with
county clerks; requiring county clerks to file the status
report with county commissions; and
prohibiting bail bonding
companies or bail bond enforcers from providing fiduciary
bonds unless licenced by the Insurance Commissioner
.
Be it enacted by the Legislature of West Virginia:
That §44-3-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §44-3A-35 of said code be amended
and reenacted, and that said code be amended by adding thereto a new section, designated §51-10A-6, all to read as follows
:
CHAPTER 44. ADMINISTRATION OF ESTATES & TRUSTS
§44-3-1. Fiduciary commissioners.
The office previously known as commissioner of accounts is
hereby abolished. The office of fiduciary commissioner is hereby
created and any reference in this code to a commissioner of
accounts shall, after the effective date of this section, mean
fiduciary commissioner. Fiduciary commissioners shall be attorneys
admitted to the practice of law in this state, or shall meet the
qualifications of fiduciary supervisors as set forth in article
three-a of this chapter: Provided, That persons who are serving as
commissioners of accounts upon the effective date of this article
shall be continued in office as fiduciary commissioners for not
more than one year from the effective date of this article for the
purpose of settling estates not settled on the effective date of
this article.
The county commission of each county shall appoint not more
than four fiduciary commissioners. In counties in which there
exists a separate tribunal for police and fiscal purposes, that
tribunal shall appoint the fiduciary commissioners. In either
case, not more than two of the fiduciary commissioners may be from
the same political party.
The fiduciary commissioner shall report to and settle accounts
with the county clerk. On or before the last day of March, June,
September and December, the fiduciary commissioner shall file with
the county clerk a report on the status and disposition of every active case referred to the fiduciary commissioner. In the next
succeeding term of the county commission, the county clerk shall
provide a copy of the report to the county commission, and shall
inform the county commission of any cases referred to a fiduciary
commissioner in which the fiduciary commissioner has not fulfil1ed
duties relating to the case in accordance with deadlines
established by law. The county commission shal1 take appropriate
action to ensure that all deadlines established by law will be
observed, including, if necessary, the removal of fiduciary
commissioners who consistently fail to meet such deadlines.
ARTICLE 3A. OPTIONAL PROCEDURE FOR PROOF AND ALLOWANCE OF CLAIMS
AGAINST ESTATES OF DECEDENTS; COUNTY OPTION.
§44-3A-35. Fiduciary commissioners.
The county commission of each county shall appoint not more
than four fiduciary commissioners, except that in counties in which
there exists a separate tribunal for police and fiscal purposes,
such tribunal shall appoint such commissioners: Provided, That the
county commission or such separate tribunal shall avoid reference
of estates to such commissioners, unless such reference is
necessary.
The fiduciary commissioner shall report to and settle accounts
with the county clerk. On or before the last day of March, June,
September and December, the fiduciary commissioner shall file with
the county clerk a report on the status and disposition of every
active case referred to the fiduciary commissioner. In the next succeeding term of the county commission, the county clerk shall
provide a copy of the report to the county commission, and shall
inform the county commission of any cases referred to a fiduciary
commissioner in which the fiduciary commissioner has not fulfil1ed
duties relating to the case in accordance with deadlines
established by law. The county commission shal1 take appropriate
action to ensure that all deadlines established by law will be
observed, including, if necessary, the removal of fiduciary
commissioners who consistently fail to meet such deadlines.
CHAPTER 51. COURTS & THEIR OFFICERS
ARTICLE 10A. BAIL BOND ENFORCERS.
§51-10A-6. Prohibition against providing fiduciary bonds in
estates; exception.
A bail bonding company or a bail bond enforcer may not provide
fiduciary bonds for an estate unless the bail bonding company or
bail bond enforcer is licensed with the Insurance Commissioner to
act as an agent for an insurance company that provides surety or
fiduciary bonds.
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