West Virginia Code — Chapters 11 / 11A / 11B (Taxation)
W. Va. Code § 11A-4-7
Right of creditor of former owner of escheated land
Any surplus proceeds arising from the sale of escheated land may be applied for by the creditors of the decedent if application is made to the circuit court of the county in which the land is situated within one year after the Auditor has confirmed the sale. Upon proper application to the court within such time such surplus may be applied to the satisfaction of the claims of creditors of the decedent who had a lien on the land at the time of his death, or who, being general creditors, have properly proved their claims against his estate and have been unable to obtain payment out of the personalty. In the disposition of such surplus, due preference shall be given to lien creditors. Any part of such surplus thereafter remaining shall be paid by the sheriff to the Auditor for credit to the general school fund.
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In this chapter (40 sections)
- 11A-3-44 · Auditor to certify list of lands to be sold; lands so…
- 11A-3-45 · Auditor to hold annual auction
- 11A-3-45A · Certain parties barred from participating in public auctions
- 11A-3-46 · Publication of notice of auction
- 11A-3-47 · Redemption prior to sale
- 11A-3-48 · Unsold lands subject to sale without auction or additional…
- 11A-3-48A · Certain parties barred from purchasing unsold lands
- 11A-3-49 · Purchase by owner or deputy commissioner or other officers…
- 11A-3-50 · Receipt to purchaser for purchase price
- 11A-3-51 · Deputy commissioner to report sales to Auditor; Auditor to…
- 11A-3-52 · Duties of purchaser to secure a deed
- 11A-3-53 · Refund to purchaser of payment made at Auditor’s sale where…
- 11A-3-54 · Notice to redeem
- 11A-3-55 · Service of notice
- 11A-3-56 · Redemption from purchase; receipt; list of redemptions;…
- 11A-3-57 · Notice of redemption to purchaser; moneys received by sheriff
- 11A-3-58 · Distribution to purchaser
- 11A-3-59 · Deed to purchaser; record
- 11A-3-60 · Compelling service of notice or execution of deed
- 11A-3-61 · One deed for adjoining pieces of real estate within the same…
- 11A-3-62 · Title acquired by individual purchaser
- 11A-3-63 · Effect of irregularity on title acquired by purchaser
- 11A-3-64 · Sheriff to receive proceeds of deputy commissioners' sales…
- 11A-3-65 · Right of former owner to surplus proceeds
- 11A-3-66 · Compensation of Auditor
- 11A-3-67 · Liability of officer failing to perform duty; penalty
- 11A-3-68 · Disposition of lands heretofore purchased by or forfeited to…
- 11A-3-69 · Effect of repeal
- 11A-3-70 · Release of title to, and taxes on, lands on which all taxes…
- 11A-3-71 · Deeds of deputy commissioner conveying coal, oil, gas,…
- 11A-3-72 · Release of taxes and interest
- 11A-3-73 · Release of taxes, interest and charges on land assessed by…
- 11A-3-74 · Severability
- 11A-4-1 · Declaration of legislative purpose
- 11A-4-2 · Right to set aside sale or deed when all taxes paid before…
- 11A-4-3 · Right to set aside deed improperly obtained
- 11A-4-4 · Right to set aside deed when one entitled to notice not…
- 11A-4-5 · On whose behalf suits instituted; decree when deed set aside
- 11A-4-6 · Redemption by persons under disability from purchase by…
- 11A-4-7 · Right of creditor of former owner of escheated land