Detailed Answer — Documents commonly required for probate appointment and oath (West Virginia)

When someone dies in West Virginia, the person who wants to be appointed to handle the decedent’s estate must file paperwork with the county clerk or probate court in the county where the decedent lived or owned property. The exact requirements and local forms vary by county, but the following documents are commonly required or very useful when you apply for appointment and take the oath.

1. Original will and any codicils (if one exists)

If the decedent left an original will, file the original will and any codicils with the county clerk. The court will review and, if appropriate, admit the will to probate and appoint the person named as executor (or appoint an administrator if no executor is named). Always bring the original; copies are not a substitute for probate filing.

2. Certified death certificate

A certified copy of the death certificate is required by the clerk for almost all probate filings. If you do not yet have it, obtain one from the state or county vital records office before filing.

3. Petition for probate / Application for letters

You must file a petition or application asking the court to admit the will and issue letters testamentary, or, if there is no will, to appoint an administrator and issue letters of administration. The petition typically requests appointment, identifies the petitioner, lists heirs and beneficiaries, and states the estimated value of the estate. Many counties provide a standard form; check with the county clerk or the West Virginia courts forms page: West Virginia Judiciary.

4. Acceptance of appointment and oath form

The person appointed must formally accept the appointment and take an oath to faithfully perform the duties of a personal representative. Courts often have a specific form for the oath or acceptance. Once the oath is sworn and filed, the clerk will issue letters (letters testamentary or letters of administration) evidencing the appointment.

5. Bond (if required)

Many administrators or executors must post a bond guaranteeing faithful performance. The will sometimes waives bond for an executor; otherwise the court may require bond in an amount set by law or the court. If a bond is required, you will need the bond document and proof of surety from a bonding company. See West Virginia probate law generally at Chapter 44 of the West Virginia Code: W. Va. Code, Chapter 44.

6. Names, addresses, and relationships of heirs and beneficiaries

Your petition will usually require you to list the decedent’s heirs and beneficiaries, with last known addresses and relationships. Courts use that information for required notices and to determine who must receive notice of probate proceedings.

7. Filing fee

Most counties charge a filing fee for probate petitions and issuance of letters. Call the county clerk or check the county’s fee schedule to confirm the amount and acceptable payment methods.

8. Proof of service / Notice documents

West Virginia law requires notice to certain parties (heirs, beneficiaries, and sometimes creditors). You may need affidavits of service or proof that you provided required notices. The clerk can tell you which notices and how to file proof of service in your county.

9. Identification for petitioner

Bring government-issued photo ID for anyone signing or swearing an oath (for example, a driver’s license or passport). The court must verify the identity of the person taking the oath.

10. Miscellaneous supporting documents

• Estimated asset list or preliminary inventory (bank accounts, real property, retirement accounts, life insurance) to help the court set bond and notice requirements.
• Copies of deeds, titles, or account statements for estate property, if available.
• Affidavits from witnesses or other documents verifying the will when applicable.

How the process typically works

1. Gather documents listed above (original will if any, certified death certificate, petition forms, IDs).
2. File the petition and supporting documents with the county clerk’s office in the appropriate West Virginia county.
3. If required, post a bond or obtain a waiver shown in the will.
4. Appear to swear the oath (some counties allow the oath to be sworn before the clerk, other counties require a judge).
5. After the oath is taken and bond (if any) is posted, the clerk issues letters testamentary or letters of administration, which allow the representative to act for the estate.

Because local practice varies, contact the county clerk’s office before you file to learn their specific form names, filing hours, fees, and whether the clerk can administer the oath or if a judge must do so.

For the statutory framework and additional detail about the duties and appointment of personal representatives, see West Virginia Code, Chapter 44: https://code.wvlegislature.gov/44/. For probate forms and court guidance check the West Virginia Judiciary forms and probate information pages: https://www.courtswv.gov/.

Helpful Hints

• Contact the county clerk before you go: clerks can confirm exactly which local forms and fees you need.
• Bring the original will. If you cannot find the original, tell the clerk — there are procedures for lost wills but they add complexity.
• Obtain multiple certified copies of the death certificate early; banks and agencies typically require certified copies.
• Secure the decedent’s property and important records (titles, insurance policies, account statements) to prepare an accurate inventory.
• Check whether the will waives bond; a waiver in the will can save time and cost.
• If you suspect a will contest or complicated assets (business interests, out-of-state property, significant debts), consider consulting an attorney experienced in West Virginia probate law.
• Keep detailed records and receipts once you begin acting for the estate; you will need them when filing inventories and final accounting with the court.
• If the estate is small, West Virginia may offer simplified or small estate procedures — ask the clerk if those procedures apply.

Important disclaimer: This information is educational only and does not constitute legal advice. It summarizes common probate documents and steps under West Virginia law but cannot replace counsel tailored to your situation. For legal advice about a particular estate, contact a licensed West Virginia attorney or the county clerk’s office for procedural questions.