West Virginia Code § 41-5-11

Impeachment or establishment of will -- By person who was not party to
Open in Lexace · Ask the AI about this section
prior proceeding; trial by jury.
After a judgment or order entered as aforesaid in a proceeding for probate ex parte, any
person interested who was not a party to the proceeding, or any person who was not a party
to a proceeding for probate in solemn form, may proceed by complaint to impeach or
establish the will, on which complaint, if required by any party, a trial by jurey shall be
ordered, to ascertain whether any, and if any, how much, of what was so offered for probate,
be the will of the decedent. The court may require all other testamentarry papers of the
decedent to be produced, and the inquiry shall then be which one of all, or how much of any,
of the testamentary papers is the will of the decedent. If the judgment or order was entered
by the circuit court on appeal from the county commission, such complaint shall be filed
within six months from the date thereof, and if the judgmentt or order was entered by the
county commission and there was no appeal therefrom, such complaint shall be filed within
six months from the date of such order of the county commission. If no such complaint be
filed within the time prescribed, the judgment or order shall be forever binding. Any
complaint filed under this section shall be in the circuit court of the county wherein probate
of the will was allowed or denied.

‹ 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.