SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version Senate Bill 725 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 725

(By Senator Kessler)

____________

[Introduced March 23, 2009; referred to the Committee on the Judiciary.]

____________




A BILL to amend and reenact §44-2-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §44-3A-2 of said code, all relating to providing a standard of review that the county commission may apply in reviewing the findings or orders of a fiduciary supervisor or fiduciary commissioner on probate matters.

Be it enacted by the Legislature of West Virginia:
That §44-2-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §44-3A-2 of said code be amended and reenacted, all to read as follows:
ARTICLE 2. PROOF AND ALLOWANCE OF CLAIMS AGAINST ESTATES OF DECEDENTS.

§44-2-19. Hearing on report and exceptions; appeal; effect of confirmation.

The hearing on the report of claims returned by a fiduciary commissioner shall be had at the first term of the county commission occurring not earlier than ten days after its return. If there be are no exceptions to such the report it shall be confirmed, but if it is excepted to, the county commission shall pass upon the exceptions and make its order thereon, without hearing or receiving any new evidence. but If good cause be is shown for the introduction of further proof regarding any matter contained in such the report, the report shall be referred back to the fiduciary commissioner for the taking of further proof and the making of a supplemental report. The county commission may vacate or modify the order or finding of the fiduciary commissioner on the grounds that the order or finding was clearly wrong in view of the reliable, probative and substantial evidence on the whole record. An appeal from the decision of such the county commission on such the report and exceptions and on the supplemental report and exceptions, if there be is such supplemental report, may, without any formal bill of exceptions, be taken to the circuit court of the county. The appeal shall be tried and heard in the circuit court, or before the judge thereof in vacation, on the record made before the fiduciary commissioner and on order of the county commission. After the report of the fiduciary commissioner on the claims against the estate of any decedent has been confirmed by the county commission, or the circuit court on appeal, or corrected and confirmed after appeal, the same shall be is forever binding and final.
ARTICLE 3A. OPTIONAL PROCEDURE FOR PROOF AND ALLOWANCE OF CLAIMS AGAINST ESTATES OF DECEDENTS; COUNTY OPTION.

§44-3A-2. Nature of office of fiduciary supervisor and fiduciary commissioner; duties of county commission with respect to orders and findings of such supervisor or commissioner.

Except as may be provided in article thirteen of this chapter, the office of fiduciary supervisor and of fiduciary commissioner shall not be construed to does not vest judicial power in the holder or holders thereof. Such The offices are created to aid and assist the county commission in the proper and expeditious performance of the duties of such the commissions with respect to the administration of estates and trusts and every order or finding of any fiduciary supervisor or fiduciary commissioner shall be is subject to confirmation and approval of the county commission, and shall be considered for confirmation at the next regular or special session of the commission and be promptly confirmed or, if not confirmed, a date set for hearing thereon. The county commission may confirm the order or finding of the fiduciary supervisor or fiduciary commissioner or refer the matter back to the fiduciary supervisor or fiduciary commissioner for further proceedings as provided in section twenty-two of this article. The county commission may vacate or modify the order or finding of the fiduciary supervisor or fiduciary commissioner on the grounds that the order or finding was clearly wrong in view of the reliable, probative and substantial evidence on the whole record.
Every order of the fiduciary supervisor or fiduciary commissioner shall remain remains in effect while awaiting confirmation by the county commission unless the commission provides an alternative means of effectuating the purpose or purposes of the order by providing a lawful alternative thereto. Every fiduciary supervisor and fiduciary commissioner shall have the power to may sign and issue process directed to the various parties in any proceeding before them and may summon witnesses, administer oaths and take testimony with respect thereto as may be required to carry out the purposes of this chapter. but They shall apply to the county commission or to the circuit court, as may be appropriate and lawful for any order to compel obedience to any such process or order issued by any such fiduciary supervisor or fiduciary commissioner them or to compel the obedience with any of the provisions of this chapter.



NOTE: The purpose of this bill is to provide a detailed and consistent standard of review that the county commission may apply in reviewing the findings or orders of a fiduciary supervisor or fiduciary commissioner on probate matters.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print