West Virginia Code 41-5-1 – Custodian of will to deliver same to clerk of county court or executor; liability for neglect
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A person having custody of a will shall, within thirty days after the death of the testator is known to him deliver such will to the clerk of the county court having jurisdiction of the probate thereof, or to the executor named in the will, who shall offer it for probate, or deliver it to the clerk, within a reasonable time. Any person who shall, without reasonable cause, neglect so to deliver a will shall be guilty of a misdemeanor, and, on conviction, be punished by a fine not exceeding $200; and shall in addition be liable to any person interested in such will for all damages caused by such neglect.
Terms Used In West Virginia Code 41-5-1
- Conviction: A judgement of guilt against a criminal defendant.
- County court: includes any existing tribunal created in lieu of a county commission. See West Virginia Code 2-2-10
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Executor: A male person named in a will to carry out the decedent
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- Testator: A male person who leaves a will at death.