If there be no executor appointed by the will, or if all the executors therein named refuse the executorship, or fail when required to give such bond, which shall amount to such refusal, or have died, such court, or clerk thereof during the recess of the regular sessions of such court, may grant administration, with the will annexed, to the person who would have been entitled to administration if there had been no will, and he shall take such oath and give such bond.
W. Va. Code § 44-1-2
Administration with will annexed
Applied in 1 court decision — leading case Thomas S. and Teresa S. Johnson v. Bertha Kirby (2013)
Most recently applied in Thomas S. and Teresa S. Johnson v. Bertha Kirby (February 2013)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.