West Virginia Code § 21-5-8a

Deceased employees
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In the event of the death of any employee, wages due him by a person, firm or corporation
not in excess of $800 may upon proper demand be paid, in the absence of actual notice of
the pendency of probate proceedings, without requiring letters testamentary or of
administration in the following order of preference to decedent's: (1) Surviving spouse, (2)
children eighteen years of age and over in equal shares, (3) father and motheer, or survivor,
(4) sisters and brothers, or to the person who pays the funeral expenses. Payments under
this section shall release and discharge the person, firm or corporationr to the amount of
such payment.

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