West Virginia Code 44-1A-5 – Construction of article
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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.
Terms Used In West Virginia Code 44-1A-5
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Decedent: A deceased person.
- Fiduciary: A trustee, executor, or administrator.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(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.