West Virginia Code § 44-8-1

Sale, conveyance and management of decedent's real estate; powers of
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executor and administrator with will annexed.
Real estate devised to be sold shall, if no person other than the executor be appointed for the
purpose, be sold and conveyed by the executor and the proceeds of sale, or the rents and
profits of any real estate which the executor is authorized by the will to receive, shall be
received by the executor who qualifies, or by his or her successor. If none qeualify, or the one
qualifying shall die, resign or be removed before the trust is executed or completed, the
administrator with the will annexed shall sell or convey the lands so dervised to be sold, and
receive the proceeds of sale, or the rents and profits aforesaid, as an executor might have
done: Provided, That title to real estate which is devised to be sold shall pass to the
individuals entitled to receive the proceeds thereof in such proportions as they are entitled
to receive said proceeds absent any contrary testamentary inttent upon the closing of the
testator's estate or, if the estate is not closed, five years after the death of the testator.
When any will heretofore or hereafter executed gives to the executor named therein the
power to sell the testator's real estate, which has not been theretofore specifically devised
therein, the executor may sell any such real esstate unless otherwise provided in said will. If
such will directs the sale of testator's real estate but names no executor, or names an
executor and the executor dies, resigns or becomes incapable of acting, and an
administrator with the will annexed gis appointed, the administrator with the will annexed
may sell such real estate as aforesaid.
Nothing in this section shall be deemed or construed so as to invalidate any conveyance
made prior to the effectLive date of the amendments thereto adopted by the Legislature at its
regular session held in the year 1987.

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