Within a reasonable time after the appraisement is recorded, the personal representative either files a waiver of final settlement, or files a report of receipts, disbursements and distribution with an affidavit that all administration expenses, taxes and debts are paid in full. Both are described below. This settlement uses whichever one applies to this estate; the other is here so both are on the record.

Available where any release of lien required by 11-11-1 has been filed with the clerk, and more than 90 days have elapsed since the filing of the notice this article requires, even if the estate was referred to a fiduciary commissioner. The waiver carries an affidavit that the time for filing claims has expired, that no known and unpaid claims exist against the estate, and that all beneficiaries have each been advised of the share to which each is entitled.

Each beneficiary signs, unless that beneficiary receives a bequest of tangible personal property or a bequest of cash. A beneficiary who receives only property or only cash may not be required to sign.

A report of the personal representative’s receipts, disbursements and distribution, the ledger below, with an affidavit that all claims against the estate for expenses of administration, taxes and debts of the decedent have been paid in full. The clerk records the report, mails a copy to each beneficiary and creditor by first-class mail, and retains it for 10 days so a beneficiary or creditor may appear before the county commission.

The clerk records the appraisement without referral to a fiduciary commissioner where the appraisement shows $200,000 or less, exclusive of real estate specifically devised and nonprobate assets, or where there is only one beneficiary of the probate estate and that beneficiary is competent at law (44-2-1(b)). The personal representative has 20 days after a claim is filed to approve or reject it; approving all claims as filed avoids a referral.

A fiduciary commissioner may not charge the estate more than $300 and expenses for settling an estate, except on the personal representative’s approval, or a county commission determination based on actual time and services under a promulgated fee schedule (44-2-1(a)).

BEGINNING BALANCE (inventoried cash and bank funds): $60,740.17

ENDING BALANCE: $387,135.87

The beginning balance, plus receipts, less disbursements. The rows above sum to it.

W. Va. Code 44-4-12a sets the commission schedule: 5% of the first $100,000, 4% over $100,000 to $400,000, 3% over $400,000 to $800,000, and 2% above $800,000 of the personal estate subject to administration, including its income, and of the proceeds of real estate sold; plus 1% of the value of real estate not sold; plus 1% of property not subject to administration that is includable for federal estate tax. No commission is allowed on joint and survivorship property, whether real or personal.

COMMISSION RECORDED: $9,400.00

This figure is what the ledger recorded as executor-commission disbursements. This print does not compute a percentage; the schedule above is stated, not calculated here.