West Virginia § 44-2-28 When enforcement of lien to secure claim barred

West Virginia Statutes

§ 44-2-28 — When enforcement of lien to secure claim barred

West Virginia § 44-2-28

Ch. 44ADMINISTRATION OF ESTATES AND TRUSTS

Art. 2PROOF AND ALLOWANCE OF CLAIMS AGAINST ESTATES OF DECEDENTS

This text of West Virginia § 44-2-28 (When enforcement of lien to secure claim barred) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 44-2-28 (2026).

Text

When the right to bring action or suit against distributees and legatees on any claim against the decedent shall become barred, the right to enforce such claim against real estate shall also become barred to the extent that such claim could have been collected out of the personal assets of decedent. The provisions of this section shall not apply to liens upon real property acquired or created in the lifetime of decedent, made or created to secure claims due and payable in future installments or at a future date.

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When the right to bring action or suit against distributees and legatees on any claim against the decedent shall become barred, the right to enforce such claim against real estate shall also become barred to the extent that such claim could have been collected out of the personal assets of decedent. The provisions of this section shall not apply to liens upon real property acquired or created in the lifetime of decedent, made or created to secure claims due and payable in future installments or at a future date.