West Virginia Code § 44-9-6

Order declaring presumption established; probate of will; letters
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testamentary or of administration; their effect; death certificate issued upon order.
If the commission is satisfied, upon the hearing or from the report of the fiduciary
commissioner, that the legal presumption of death is established, the commission shall so
declare by order, shall then proceed to hear, and to grant, if proper, the application for
probate of the will of such supposed decedent, if such there be, and to grante letters
testamentary or of administration, as the case may require, to the party entitled thereto, who
shall qualify and give bonds as in cases of persons known to be dead. Trhe probate of any
such will and such letters, until revoked, and all acts done in pursuance thereof and in
reliance thereupon, shall be as valid as if the supposed decedent were in fact dead.
Immediately upon the entry of such order declaring that thet legal presumption of death is
established, the commission shall direct the clerk thereof forthwith to make and deliver to
the state registrar of vital statistics the order and such personal data and other information
from the records of the proceedings as may enable the state registrar of vital statistics to
issue a death certificate. Upon receipt of the order, personal data and other information, the
registrar of vital statistics shall forthwith issuse and deliver by mail unto the clerk of the
county commission wherein such order was entered, a death certificate in the form
prescribed by law, except that no medical certification shall be required. The clerk shall
record such death certificate in the gmanner set forth in section nineteen, article five, chapter
sixteen of this code.

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