Introduced Version
House Bill 4414 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4414
(By Delegate
s
Morgan, Stephens and Craig
)
[Introduced February 9, 2010
; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §44-3-1 of the Code of West Virginia,
1931, as amended; to amend and reenact §44-3A-24, §44-3A-27
,
§44-3A-37
and §44-3A-44
of said code; and to amend and
reenact §44-6-7 of said code; all relating to updating
references from the commissioner of accounts to the fiduciary
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-24, §44-3A-27
, §44-3A-37
and
§44-3A-44
of said code be amended and reenacted; and that §44-6-7
of said code be amended and reenacted, all to read as follows:
ARTICLE 3. FIDUCIARY COMMISSIONERS; POWERS AND DUTIES.
§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 Each 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.
ARTICLE 3A. OPTIONAL PROCEDURE FOR PROOF AND ALLOWANCE OF CLAIMS
AGAINST ESTATES OF DECEDENTS; COUNTY OPTION.
§44-3A-24. Reports of delinquent filings.
On the last day of January and July of each year every
fiduciary commissioner and special fiduciary commissioner shall file
with the fiduciary supervisor a list of all estates referred to him
or her, since the effective date of this section, either generally or for a limited purpose in which any appraisement or other document
required to be filed with him or her in a specified time has not
been timely filed, stating the document whose filing is delinquent
and the date the same was due to be filed: Provided, That the
commissioner shall omit from such the list any estate and any
document for whose filing a proper continuance has been granted.
On January 5, and July 5 of each year the fiduciary supervisor
shall file with the county commission a like list of estates
referred to him or her since the effective date of this section in
which the filing of any paper is delinquent, and embrace therein the
lists required to be filed with him or her on the first day of such
month by the various commissioners. In the report filed July 5, of
each year the fiduciary supervisor shall further include in the
report a list of all estates referred to him or her since the
effective date of this section which have not been duly closed and
in which no progress, or in his or her opinion, unsatisfactory
progress, has been made toward settlement, for any cause, within the
preceding twelve months.
The county commission, after consultation with the fiduciary
supervisor shall take care to require prompt disposition of all
matters and causes reported to it by the semiannual reports required
herein.
In addition, the fiduciary supervisor and the fiduciary
commissioners shall be empowered, and may, where appropriate, shall
on their own motion, petition the circuit court to compel compliance with the provisions of this chapter. in the same manner and to the
same extent heretofore provided in the case of commissioners of
accounts, or by any other proper proceeding.
§44-3A-27. Creditors to be paid in order of classification; when
classes paid ratably.
Notwithstanding the provisions of section nineteen of this
article, no a payment shall may not be made to creditors of any one
class until all those of the preceding class or classes shall be are
fully paid; and when the assets are not sufficient to pay all the
creditors of any one class, the creditors of such that class shall
be paid ratably; but a personal representative who, after twelve
months from his or her qualification, pays a debt of his or her
decedent, shall is not thereby be personally liable for any debt or
demand against the decedent of equal or superior dignity, whether
it be or is on record or not, unless before such the payment he or
she shall have has notice of such the debt or demand by action, suit
of presentation thereof to the commissioner of accounts
fiduciary
commissioner
within the time allowed by law.
§44-3A-37. Special fiduciary commissioners; continuance of
present references; compensation.
(a) When, from any cause, none of the fiduciary commissioners
can act as to any matter or matters which may be passed on under the
provisions of this chapter, such the county commission or tribunal
in lieu thereof, may appoint some other person to act as to such on that matter or matters, and such that person shall have the power
and compensation and perform the duties of a fiduciary commissioner.
And when any fiduciary commissioner resigns, or is removed, such the
county commission or tribunal may provide for the completion of the
matters previously referred to such the commissioner.
(b) Any matters or estates heretofore referred to a
commissioner of accounts or special commissioner of accounts shall
not be recalled solely by reason of the amendment and reenactment
of this chapter. Commissioners of accounts or special commissioners
of accounts shall be continued in office as special fiduciary
commissioners until all such matters heretofore referred to them
shall, in the ordinary course of events, be concluded or until
otherwise recalled for cause.
(c)(b) All special fiduciary commissioners whether appointed
pursuant to subsection (a) of this section or continued in office
pursuant to subsection (b) hereof, shall be are subject in all
respects to the provisions of this chapter, including, but without
limiting the generality hereof, the provisions of section forty-two
of this article with respect to fees to be charged.
§44-3A-44. Rules applicable to fiduciary supervisors and
fiduciary commissioners; exceptions as to certain
counties.
(a) Subject to the provisions of subsection (c) of this section
and to the provisions of article thirteen of this chapter, any power, authority or duty conferred upon the clerk of the county
commission with respect to the settlement, regulation and
supervision of estates in any provision of this article or in any
provision of this code is hereby transferred to the fiduciary
supervisor created under the provisions of section three, article
three-a of this chapter.
Whenever by any provision of this article any paper, document
or record is required or permitted to be recorded, the fiduciary
supervisor shall tender the same it to the clerk of the county
commission and such the clerk of the county commission shall admit
the same it to record and shall record the same it at the expense
of the personal representative and the fiduciary supervisor shall
collect such the fees as are required by law for the recordation of
such documents and all such fees so collected and paid to the clerk
of the county commission shall be disposed of and accounted for in
the same manner as if such the fees had been collected as for the
recordation of deeds.
(b) Any reference of this code to commissioner of accounts or
to the fiduciary commissioner or to any power, authority or duty
conferred upon a commissioner of accounts is hereby intended to mean
and in all respects is conferred upon the fiduciary commissioner
created by section thirty- five of this article, and, as to matters
permitted by law to be done by the fiduciary supervisor, upon such
fiduciary supervisor.
(c) Any provision of this article or of article one of this chapter to the contrary notwithstanding, in each county in which
there exists a separate tribunal for police and fiscal purposes
created under section thirty-four, article VIII of the Constitution
of one thousand eight hundred seventy-two, the clerk of the county
commission shall have the power and shall discharge the duties which
are by any provision of this chapter conferred upon the fiduciary
supervisor or the clerk of the county commission.
ARTICLE 6. INVESTMENTS BY FIDUCIARIES.
§44-6-7. Accounting required of fiduciaries as to common trust
funds.
Unless ordered by a court of competent jurisdiction, the bank
or trust company operating such a common trust fund, as provided for
in section six of this article, shall may not be required to render
an accounting with regard to such the fund, before any commissioner
of accounts
fiduciary commissioner
, but it may, by application to
the circuit court of the county in which is located the principal
place of business of said the bank or trust company, secure the
approval of an accounting in such condition as the court may fix:
Provided, however, That nothing herein shall may be interpreted as
relieving any fiduciary acquiring, holding or disposing of an
interest in any common trust fund from making an accounting as
required by law with respect of such that interest.
NOTE: The purpose of this bill is to update out-dated
references of the commissioner of accounts and change to the
fiduciary commissioner.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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