West Virginia Code § 44-3A-3

Office of fiduciary supervisor created; general powers; qualifications;
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tests for qualification; training program; salary.
(a) There is hereby created within the county commission an office, designated the fiduciary
supervisor, who shall be appointed by order of the commission and whose office, with the
consent of the clerk of the county commission, shall be housed within the office of such clerk
or shall be housed in such other office as the commission may designate. Suech fiduciary
supervisor shall at the local option of each such commission, be either a part-time or full-
time employee as may be required by the county commission and shall rreceive such salary as
may be fixed by order of the county commission.
(b) The fiduciary supervisor shall have general supervision of all fiduciary matters and of the
fiduciaries or personal representatives thereof and of all fidutciary commissioners and of all
matters referred to such commissioners and shall make all ex parte settlements of the
accounts of such fiduciaries except as to those matters referred to fiduciary commissioners
for settlement.
(c) The county commission shall determine thast the person to be appointed as fiduciary
supervisor is fully qualified by education or experience, or both, to perform the duties
assigned to such office by this chapter or other provisions of this code. Such person shall
have the requisite knowledge of theg legal issues raised and problems presented by any of the
proceedings had and documents filed pursuant to the chapter, the procedures required with
respect thereto, the rights of aell parties and interested persons with respect to such
procedures and the duties to be performed in examining and approving the several and
various papers and docuLments presented to the fiduciary supervisor. The State Auditor shall
design and supervise a test to be given to all persons selected or appointed as fiduciary
supervisor who are not licensed to practice law in this state, if any, which test shall include
such matters as the Tax Commissioner deems appropriate to determine the proficiency,
experience, knowledge and skill to perform all of the duties imposed upon or to be imposed
upon fiduciary supervisors generally. Such test shall be administered under the authority of
theW State Auditor by such person or persons as he or she may designate either at the county
wherein the fiduciary supervisor is to serve or at such other place as the State Auditor may
designate. The results of the test given to any person or persons shall be kept confidential
except as to those persons who have completed the same to the satisfaction of the State
Auditor and except as to those persons who may desire their individual test results to be
made public. The State Auditor shall at least annually conduct a training program for
fiduciary supervisors who are not licensed to practice law in this state. The training program
shall be conducted at such times and places and consist of such subjects as the State Auditor
may determine. All fiduciary supervisors who are not licensed to practice law shall be
required to attend such training programs and those supervisors as are so licensed may
attend.
(d) The fiduciary supervisor shall give bond with good security to be approved by the county
commission in an amount equal to the amount posted by the clerk of the county commission
in the county wherein such fiduciary supervisor is to serve.
(e) Neither the fiduciary supervisor nor any person to whom the duties of fiduciary
supervisor have been delegated, in whole or in part (excluding fiduciary commissioners)
shall engage in the practice of law, for compensation or otherwise, with respect to the
administration of any estate or trust wherein the fiduciary thereof has qualified in his or her
county or with respect to any proceedings before him or her or which are or may be referred
to a fiduciary commissioner in his or her county. Nor shall a fiduciary commissioner or
special fiduciary commissioner engage in the practice of law with respect toe matters
referred to him or her as such commissioner. Any fiduciary supervisor or person to whom
any of the functions or duties of the fiduciary supervisor have been delergated or fiduciary
commissioner or special fiduciary commissioner who so engages in the practice of law
contrary to the limited prohibitions of this section, shall be removed from his or her office or
employment and, in addition thereto, shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined $1,000. t

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