West Virginia Objection to Allowed Claim in Accounting

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Multi-State
Control #:
US-02653BG
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Description

Any interested party in an estate of a decedent generally has the right to make objections to the accounting of the executor, the compensation paid or
proposed to be paid, or the proposed distribution of assets. Such objections must be filed within within a certain period of time from the date of service of the Petition for approval of the accounting.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

§44-1-4. Appointment of intestate administrator; affidavit of heirs of nonresident intestate decedent without appointment of intestate administrator.

A debt accrued by a Decedent prior to or during his passing is subject may be collected by a creditor by filing a claim either directly to an Administrator/Executor/Successor (?Personal Rep?) OR with the Fiduciary Supervisor's Office (for regular Probate, described below).

WV Specifics In West Virginia, creditors have 60 days from the first publication of the Notice of Administration of the Estate to make any claims (this deadline does not apply to secured debt, such as a mortgage).

§49-7-7. Contributing to delinquency or neglect of a child.

The person's creditors have 60 days to file a claim against the person's estate, alleging that the person owes them money. The administrator or executor can challenge any claims. The administrator/executor pays any and all claims against the person's estate for debts and pays any taxes due.

Right of minor to nominate guardian.

Fraudulent or unauthorized use of purchasing cardprohibited; penalties.

§44-8-5. Liability of heir or devisee for real estate conveyed; when such real estate not liable.

Under West Virginia law, "[a] claim of unjust enrichment generally entails the establishment of three elements: (1) a benefit conferred upon the [defendant], (2) an appreciation or knowledge by the defendant of such benefit, and (3) the acceptance or retention by the defendant of the benefit under such circumstances as ...

§44-4-7. Failure to account forfeits commissions unless allowed by circuit court or county commission.

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West Virginia Objection to Allowed Claim in Accounting