West Virginia Code § 11-11-17a

Discharge of nonresident decedent's real property in absence of
Open in Lexace · Ask the AI about this section
ancillary administration, termination.
(a) The domiciliary personal representative of a nonresident decedent may apply to the Tax
Commissioner for a certificate releasing all real property situate in this state included in
decedent's gross estate from any lien imposed by section seventeen of this article. In the
absence of ancillary administration in this state, the Tax Commissioner maye consider reliable
and satisfactory evidence furnished by the personal representative regarding the value of
real property and the amount of tax due under this article, or that no tarx liability exists
under this article with respect to any real property.
(b) If the Tax Commissioner determines that reliable and satisfactory evidence exists, an
affidavit of value submitted by the personal representative mtade pursuant to and in
conjunction with the evidence shall be marked as inspected by the commissioner and shall
be filed by the estate in the county or counties of this state where the real property is
situate.
(c) In determining tax liability, the Tax Commsissioner may also consider an appraisal of the
real property submitted in writing to the Tax Commissioner, paid for by the personal
representative and made at the personal representative's request. The appraisal shall be
performed by a licensed real estate gappraiser acceptable to the Tax Commissioner and it
shall be filed in the county or counties where the real property is situate.
(d) If the Tax Commissioner is satisfied that no tax liability exists, or that the tax liability of
the estate has been fully discharged, the Tax Commissioner may issue a certificate under
subsection (f), section seventeen of this article.
(e) On and after July 1, 2017, the provisions of this section have no force or effect.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.