{"data":{"id":"us-wv/w.-va.-code-44-3a-38","jurisdiction":"us-wv","citation":"W. Va. Code § 44-3A-38","heading":"Matters that will disqualify fiduciary commissioners.","body":"No person shall perform the duties of a fiduciary commissioner or special fiduciary commissioner in any matter wherein he will be passing upon his own account or acts; nor, where he will be called to pass upon any account or acts with reference to which he served as attorney or counselor; nor shall he be in any manner interested in the fees or emoluments of any fiduciary whose accounts or acts are before him for any action required by this chapter; nor shall he be surety on the bond of the fiduciary whose accounts are before him or agent of, or pecuniarily associated with another who may be such surety; nor shall he be qualified to act in or pass upon any matter before him in which, were he a judge of the circuit court and the matter were therein pending, he would for any reason be disqualified to serve. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction thereof, shall for each and every violation, be fined not less than fifty nor more than $500 or imprisoned in the county jail for not more than six months, or punished by both fine and imprisonment at the discretion of the court; and upon such conviction his office shall in so facto become vacant.","path":["CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.","ARTICLE 3A. OPTIONAL PROCEDURE FOR PROOF AND ALLOWANCE OF CLAIMS AGAINST ESTATES OF DECEDENTS; COUNTY OPTION."],"source_url":"https://code.wvlegislature.gov/44-3A-38/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:32Z","sha256":"440ca9ea8e2ce676464c2b4bee297a35365d9b455e57116b7b2df32ee110a5a1","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-44-3a-37","next":"us-wv/w.-va.-code-44-3a-39"},"notice":"GroundRules: Original legal text. Not legal advice."}