Detailed Answer
Discovering an old will decades after its execution triggers several steps under West Virginia law. First, locate and secure the original document. If you have only a copy, search family records, safety deposit boxes or attorney files to find the original. Next, contact the circuit court clerk’s office in the county where the decedent last resided to obtain probate forms and fee schedules.
File a petition to admit the will to probate. Under West Virginia Code § 44-1A-6, a will executed with a self-proving affidavit is admitted without live witness testimony (WV Code § 44-1A-6). If the will lacks a self-proving affidavit or the attesting witnesses are unavailable, you must prove authenticity through surviving witness affidavits, expert handwriting analysis, or other credible evidence. West Virginia Code § 44-1A-8 sets out the due-execution requirements (WV Code § 44-1A-8).
After filing, serve notice to all interested parties, including heirs, beneficiaries and known creditors. The court schedules a probate hearing. If no one contests validity, the judge admits the will and issues letters testamentary appointing a personal representative. The representative inventories assets, pays valid debts and distributes property per the will.
For small estates with no outstanding administration needs, you may petition to admit the will as a muniment of title under West Virginia Code § 44-1A-13 (WV Code § 44-1A-13). This streamlined process avoids full administration.
Although West Virginia does not impose a strict deadline for probating a discovered will, lengthy delays can complicate proof, asset recovery and creditor claims. Act promptly to preserve witness testimony and streamline asset tracing. If conflicts arise—such as challenges to execution or will interpretation—consult a probate attorney to navigate contested hearings.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney about your specific situation.
Helpful Hints
- Secure the original will before filing any petitions.
- Collect affidavits from any surviving attesting witnesses.
- Obtain probate forms and schedule fees from the local circuit court clerk.
- Serve timely notice to all heirs, beneficiaries and known creditors.
- Consider a muniment of title for minimal-asset estates to simplify the process.
- Keep thorough records of filings, notices and court orders.
- Engage a probate attorney if disputes arise over validity or interpretation.