Detailed Answer

This FAQ explains what to do in West Virginia when the original estate administrator (personal representative) dies before completing probate. It assumes you have little or no legal background. If the appointed administrator dies, the probate does not automatically end. The court will generally appoint a successor to finish the administration so creditors are paid, taxes are filed, and assets are distributed according to the will or state law.

Key legal framework

West Virginia probate and administration rules are found in Title 44 of the West Virginia Code. See Title 44 for statutory rules on appointment of personal representatives, duties, and successor appointment: https://code.wvlegislature.gov/44/. The probate court in the county where the estate is being administered handles successor appointment, issuance of new letters, and supervision.

Common scenarios

• There is a will and it names an executor. If the named executor is alive and willing, they can petition to be appointed (or the court may appoint them if the prior administrator was acting only as an interim representative).
• There is a will but no remaining nominated executor, or the nominated executor cannot serve. The court will appoint a successor personal representative (often called an “administrator de bonis non” in many jurisdictions) according to statutory priority.
• No will (intestate). The court will appoint a new administrator following the statutory order of priority among interested persons.

Practical steps to take now

1. Confirm and file the administrator’s death certificate with the probate court. The clerk needs proof of death to open the matter of successor appointment.
2. Notify the probate court clerk that the administrator has died. Ask the clerk for the case number, current docket status, and what filings are required to request a successor appointment.
3. Do not distribute estate assets. Until a court issues new letters appointing a successor, no one should make final distributions or transfers that could expose them to liability.
4. Secure estate property. If you can do so without taking control improperly, preserve and protect assets (lock up real property, secure personal property, maintain insurance).
5. Gather estate documents. Collect the will (if any), inventories, bank and broker statements, notes on what the prior administrator already did, creditor notices, bills paid, and any accountings filed with the court.
6. File a petition for appointment of a successor administrator or executor. A person with an interest in the estate (usually next-of-kin, beneficiary, or creditor) files a petition with the probate court asking for appointment of a new personal representative. Include the death certificate and any requested filings (inventory/accounting) the court requires.
7. Provide notice. After filing, state law and court rules require notice to heirs, beneficiaries, and creditors so affected persons can object or apply themselves. The court clerk will explain the notice requirements in your county.
8. Post bond if required. The court may require the successor to post a fiduciary bond before issuing letters; the amount depends on estate value and court rules.
9. Obtain “letters” (letters of administration or letters testamentary). These court documents give the successor legal authority to act for the estate—collect assets, pay debts, and make distributions.
10. Complete administration. The successor will finish the tasks the original administrator began: file inventories/accountings, pay valid claims, file final tax returns, and ask the court to approve final distribution and close the estate.

What the court will likely require

The probate court will want:

• Proof of the administrator’s death (death certificate).
• A petition for appointment of successor personal representative.
• Notice to interested parties (heirs, beneficiaries, known creditors).
• A bond from the successor, if the court deems one necessary.
• Current inventory and any accountings already prepared by the prior administrator (or an order to prepare them).

If there’s a will

If a valid will exists, the court will generally give preference to the person named as executor. If the will names a successor executor, that person should petition the court to be appointed and to receive letters testamentary. If no suitable executor is named or the named executor cannot serve, the court will appoint another person as provided under West Virginia probate law (Title 44).

If there’s no will

When someone dies intestate, West Virginia law provides an order of priority for who may be appointed administrator (typically spouse, children, or other close relatives). The court will appoint an administrator from interested persons who apply and meet statutory requirements. See Title 44 for details: https://code.wvlegislature.gov/44/.

Timing and creditor claims

The court often moves relatively quickly to appoint a successor so the estate can meet creditor, tax, and distribution obligations. Time limits for filing creditor claims and tax returns still apply; a successor personal representative will need to address these deadlines promptly. The probate clerk can explain local timelines and claim-filing procedures.

When to hire an attorney

Consider calling a probate attorney if:

• Assets are large, complex, or include businesses or out-of-state property.
• There are disputes among heirs or beneficiaries.
• You need help filing the petition, preparing required inventories/accountings, or posting bond.
• The prior administrator left incomplete records, contested creditor claims, or tax issues.

Helpful Hints

• Contact the county probate court clerk right away. Clerks provide local forms, filing fees, and procedural guidance.
• Do not transfer or distribute assets without court authority. Early distributions can create personal liability for the person who makes them.
• Secure original documents (will, deeds, account statements) and the administrator’s records and receipts.
• Keep careful records of what the prior administrator did—payments made, notices sent, and assets collected. That helps the successor and the court reconcile the estate quickly.
• Ask whether a bond is required before the successor acts. Bonding protects the estate if funds are mishandled.
• If you are a likely appointee, be ready to file a petition, provide ID, and, if asked, post bond and complete an oath to faithfully administer the estate.
• Consider hiring a local probate attorney for filings and to avoid procedural missteps that can delay the estate or cause liability.

Helpful resources

West Virginia Code, Title 44 (Probate/Administration): https://code.wvlegislature.gov/44/

County probate court clerk – contact information is available on your county’s court website or through the West Virginia Judiciary website.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific estate or to file petitions in court, consult a licensed West Virginia probate attorney or your county probate clerk.