West Virginia § 44-5-9 Costs in proceedings to compel fiduciaries to comply with law

West Virginia Statutes

§ 44-5-9 — Costs in proceedings to compel fiduciaries to comply with law

West Virginia § 44-5-9

Ch. 44ADMINISTRATION OF ESTATES AND TRUSTS

Art. 5GENERAL PROVISIONS AS TO FIDUCIARIES

This text of West Virginia § 44-5-9 (Costs in proceedings to compel fiduciaries to comply with law) 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 § 44-5-9 (2026).

Text

The costs of any proceedings, authorized or directed to be brought against any fiduciary to enforce or compel his compliance with the requirements of the law, shall include a reasonable fee to the fiduciary commissioner at whose instance the same are had, and shall be charged and paid as the court may direct. In every case where the fiduciary is in default, without reasonable excuse therefor, the costs shall be adjudged against and paid by the fiduciary personally. In no case shall the costs be adjudged against the fiduciary commissioner unless he instituted the proceedings in bad faith.

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The costs of any proceedings, authorized or directed to be brought against any fiduciary to enforce or compel his compliance with the requirements of the law, shall include a reasonable fee to the fiduciary commissioner at whose instance the same are had, and shall be charged and paid as the court may direct. In every case where the fiduciary is in default, without reasonable excuse therefor, the costs shall be adjudged against and paid by the fiduciary personally. In no case shall the costs be adjudged against the fiduciary commissioner unless he instituted the proceedings in bad faith.