West Virginia § 44-1A-5 Construction of article

West Virginia Statutes

§ 44-1A-5 — Construction of article

West Virginia § 44-1A-5

Ch. 44ADMINISTRATION OF ESTATES AND TRUSTS

Art. 1AWEST VIRGINIA SMALL ESTATE ACT

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Bluebook

W. Va. Code § 44-1A-5 (2026).

Text

(a)The remedies provided by this article are in addition to, and not in exclusion of, any other remedies provided by the laws of this state.

(b)For any will attached to and tendered with the affidavit provided in this article, the provisions of §41-5-11 of this code apply in like manner as if the will had been probated by an order of the county commission entered on the date of the issuance of the certificate and authorization of a small estate by the county clerk or fiduciary supervisor.

(c)Nothing in this article may be construed to affect or limit the right of a surviving spouse of a decedent who dies domiciled in this state to his or her elective share as provided in §42-3-1 et seq. of this code.

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(a) The remedies provided by this article are in addition to, and not in exclusion of, any other remedies provided by the laws of this state.

(b) For any will attached to and tendered with the affidavit provided in this article, the provisions of §41-5-11 of this code apply in like manner as if the will had been probated by an order of the county commission entered on the date of the issuance of the certificate and authorization of a small estate by the county clerk or fiduciary supervisor.

(c) Nothing in this article may be construed to affect or limit the right of a surviving spouse of a decedent who dies domiciled in this state to his or her elective share as provided in §42-3-1 et seq. of this code.