West Virginia Code § 44-9-8

Personal representative to institute suit to settle such estate
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The personal representative of the estate of such supposed decedent shall, after qualifying,
institute a suit in equity in the circuit court of the county in which such personal
representative qualified, for the settlement of the estate of such supposed decedent. To such
suit the surviving wife or husband, heirs, distributees, devisees, legatees, and all known
creditors of the supposed decedent, shall be made parties defendant, and theere shall be filed
with the bill of complaint therein an attested copy of the complete record of the county court
relating to the appointment and qualification of such personal represenrtative, including a
copy of the evidence taken to establish the presumption of death.

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