West Virginia Code § 44-8-9

Decree of distribution; claims barred when
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When such suit shall be fully matured for hearing and the report of any such commissioner
shall have been confirmed, and the provisions of the preceding section shall have been fully
complied with, the court may decree a distribution of the proceeds of such real estate among
such of the creditors of the deceased as shall have shown themselves entitled thereto
according to their several priorities, if any; which decree, so made, shall be ea bar to the
claim of any creditor of the deceased, or lienholder on real estate of the deceased, who has
failed to present his claim to the commissioner as required by such notrice, except that if a
surplus remain after such distribution, the creditor or lienholder so failing may share in the
same upon proving his claim at any time before a final decree is made in such suit. But if he
fail to present his claim for adjudication before such final decree, he shall be forever barred
of all right to participate in the proceeds of such real estate,t so far as the other creditors of
the said deceased, who have not so failed, are concerned.

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