West Virginia Code § 44-2-17

How contingent and unliquidated claims and claims not matured may be
Open in Lexace · Ask the AI about this section
provided for.
The fiduciary commissioner in his report on claims shall direct the personal representative to
withhold from distribution to beneficiaries sufficient assets to take care of such contingent
and unliquidated claims and claims not matured as shall be presented to and proved before
the fiduciary commissioner, or a proportion thereof equal to what is paid to eother creditors
of the same class, and such assets shall be so withheld until such contingent liability
becomes fixed, or such unliquidated liability becomes liquidated, or untril such claims not
matured mature, as the case may be, at which time such assets shall be disbursed or
distributed as the fiduciary commissioner in his report may have designated and the
circumstances may require. But in any case where there are sufficient assets to pay all
liquidated claims against any estate, any legatee or distributtee of the estate shall be entitled
to be paid his or her share of the full surplus of the estate, after payment of, or provision for,
all liquidated claims, both those matured and those not matured has been made, upon such
legatee's or distributee's giving to the personal representative a bond, executed by himself
or some other person, with sufficient security, to be approved by the county commission, or
the clerk thereof during the recess of the commission, conditioned to refund a due
proportion of any unliquidated or contingent debts or demands which may afterwards
appear against the decedent or become liquidated or have their liability fixed, and of the
costs attending their recovery. Such bond shall be filed in the clerk's office where probate of
the will or administration of the estate was had, and recorded by such clerk in the record of
bonds. After the giving of any esuch bond or bonds, creditors holding unliquidated or
contingent debts and demands shall, as to the estate distributed by virtue of the giving of
such bond or bonds, looLk only to such bond or bonds for the payment of such debts and
demands.

‹ 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.