West Virginia Code § 11A-4-7

Right of creditor of former owner of escheated land
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Any surplus proceeds arising from the sale of escheated land may be applied for by the
creditors of the decedent if application is made to the circuit court of the county in which the
land is situated within one year after the Auditor has confirmed the sale. Upon proper
application to the court within such time such surplus may be applied to the satisfaction of
the claims of creditors of the decedent who had a lien on the land at the timee of his death, or
who, being general creditors, have properly proved their claims against his estate and have
been unable to obtain payment out of the personalty. In the dispositionr of such surplus, due
preference shall be given to lien creditors. Any part of such surplus thereafter remaining
shall be paid by the sheriff to the Auditor for credit to the general school fund.

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