Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies leaving property in West Virginia and no probate case exists, you must open an estate administration proceeding. West Virginia Code Chapter 44 governs this process.
- Determine the Need for Administration: If the decedent died intestate (without a will), or a will exists but no executor has qualified, you must apply for administration. See WV Code §44-3-1.
- File a Petition for Administration: File your petition with the County Commission in the county where the decedent resided. The petition requests the appointment of a personal representative (administrator).
- Serve Notice and Publish: After filing, the court issues citations to heirs and requires you to publish notice to creditors. Creditors have four months to present claims. See WV Code §44-3-10.
- Obtain Letters of Administration: The County Commission will appoint a personal representative and issue letters of administration, authorizing them to act on behalf of the estate. The representative must post a bond as required by WV Code §44-3-9.
- Prepare Inventory and Appraisal: Within three months of qualification, the administrator must file an inventory of assets with the court. See WV Code §44-3-14.
- Manage Estate and Pay Debts: The administrator collects assets, pays valid debts, and handles tax filings.
- Final Settlement and Distribution: After debts and expenses are paid, the administrator files a final account. Once approved, the court distributes assets to heirs under WV Code §44-6-1.
Helpful Hints
- Check county-specific forms and fees on the local County Commission website.
- Identify all potential heirs before filing to avoid delays.
- Keep detailed records of notices and publications.
- Consult with an attorney if complex assets or disputes arise.
- Deadlines for creditor claims are strict—watch the four-month period.