Proceedings Regarding a Minor's Estate

(a) Commencement. — Subject to the exception for small estates set forth in W. Va. Code § 44-10-8, a guardian appointed for the management of a minor's estate who needs to spend more than the annual income of the estate for the well-being and education of the minor, may file a verified petition setting forth the reasons why it is necessary to make such expenditures. The petition shall be filed with the court that made the guardianship appointment, as part of the original proceeding, without additional filing fees. The minor shall be made a respondent and the court shall appoint a guardian ad litem for the minor, who shall answer the petition, represent the minor, and be present at any hearing. The guardian ad litem may serve on a voluntary basis without compensation or be paid a reasonable sum as determined by the appointing court, based upon the services provided, from the minor's estate. (b) Disbursements Beyond Income. — Any disbursements beyond income from a minor's estate shall be authorized and handled in accordance with W. Va. Code § 44-10-9 if relating to personal property, and W. Va. Code § 44-10-13 if relating to real property.