Overview — when you must get court permission

If the house you want to sell is titled in the name of a decedent’s estate, a ward or protected person, or is otherwise under court supervision (for example, part of an estate being administered in probate or property managed by a personal representative, administrator, guardian, or conservator), you generally cannot complete a sale without authority from the West Virginia court that supervises that estate or guardianship. The court’s role is to protect heirs, creditors, and the person with limited capacity.

Key West Virginia law resources

State law governing probate, fiduciaries and related procedures is in West Virginia’s statutes. For general reference see Title 44 (Probate, Fiduciaries and Estates) on the West Virginia Legislature website: https://www.wvlegislature.gov/WVCODE/TitleEntire.cfm?title=44. If the property is held in a guardianship or protective proceeding, consult the chapter that applies to guardianship procedures on the same site (search for guardianship/competency provisions as needed).

Step-by-step process (typical for a probate personal representative or administrator)

1. Confirm your legal authority. Are you the personal representative (executor) named in a will or the court-appointed administrator? If so you must have Letters Testamentary or Letters of Administration issued by the probate court before acting. If you are a guardian or conservator, you must have the court’s letters of appointment that describe your property powers.
2. Review the will and court orders. Check for any will provisions restricting sale of real property. Determine whether the court previously authorized disposition of real estate or left that decision to the personal representative subject to court approval.
3. Inventory and identify liens. File an inventory of estate assets with the probate court if required. Obtain a title search and a current mortgage payoff statement from the lender so you know how much must be paid at closing.
4. Decide whether immediate sale is necessary. If the estate needs cash to pay funeral bills, taxes, or other debts, explain this necessity in a petition to the court. The court weighs whether a sale is reasonable and in the best interest of the estate and beneficiaries.
5. Prepare and file a petition to sell real estate. File a written petition in the probate court that holds the estate file asking for permission to sell the house. The petition typically includes: description of the property, reasons for sale, proposed terms (asking price, commissions), mortgage payoff amount, appraisal or broker opinion of value, and proposed manner of sale (private sale, auction, listed with real estate broker). Attach any supporting documents such as the payoff statement.
6. Give required notice and obtain hearing. The court usually requires notice to beneficiaries, heirs, and creditors. The court may set a hearing where interested parties can object. If no one objects and the court finds the sale is fair and necessary, it will enter an order approving the sale or authorizing the personal representative to sell under specified conditions.
7. Complete the sale under court conditions. Follow any conditions in the court’s order — for instance, advertising requirements, minimum bid or sale terms, or requirement that sale proceeds be deposited with the court until final accounting.
8. Pay off the mortgage at closing and obtain lien release. Use sale proceeds to pay the mortgage according to the lender’s payoff statement. Obtain a payoff letter and lien release or satisfaction document from the mortgage holder and record it with the county clerk/recorder.
9. File receipts, accounting, and request distribution. After the sale, file documentation with the court showing the sale proceeds, debt payments (including the mortgage), commissions, costs, and proposed distribution to beneficiaries or creditors. The court may require a formal accounting before final distributions.
10. Close out the estate or trust step-by-step. Once the court approves the accounting and distribution, follow the court’s instructions to distribute remaining funds and close the estate or guardianship matter.

If the property is in a guardianship or conservatorship

If you are a guardian/conservator for an incapacitated person, the court’s approval is usually required before selling major assets like the person’s home. The process will be similar: file a petition explaining why a sale is necessary (for example, to pay mortgages, to move the ward to safer housing, or because the property is a financial burden), provide notice to interested parties, and attend a hearing. The court will protect the ward’s best interests and may impose conditions (such as reinvesting proceeds for the ward’s benefit).

Typical documents you will need

• Letters Testamentary / Letters of Administration / letters of appointment for guardian or conservator
• Petition to sell real property (to probate or guardianship court)
• Title search and property description
• Mortgage payoff statement from lender
• Appraisal or broker price opinion
• Proposed sales contract / listing agreement
• Proof of notice to beneficiaries/heirs/creditors
• Receipts, settlement statements, and lien release after closing

Timing and costs

Probate or guardianship sales can take several weeks to months depending on court schedules, required notice periods, whether the sale is contested, and how quickly the buyer can close. Expect court filing fees, possible appraisal fees, title work, real estate commissions (if applicable), and attorney fees. The court reviews fee requests to ensure they are reasonable.

Common issues and how courts typically handle them

• If beneficiaries object to the sale price, the court may require an appraisal or confirmation sale process.
• If only part of the estate is insolvent, the court will generally prioritize paying funeral expenses, taxes, and secured creditors (mortgage) before distributing to beneficiaries.
• If a mortgage lender will not cooperate, the court can still approve a sale but the buyer will need clear instructions on how the lender’s lien will be satisfied at closing.
• If a co-owner refuses to consent, a petition for partition or court-ordered sale may be necessary.

When to call an attorney

Consider hiring a West Virginia probate or guardianship attorney if any of the following apply: multiple heirs disagree, complex debts or tax issues exist, the mortgage lender objects, a trustee or fiduciary duty is contested, or you want to ensure the filing and notice requirements are done correctly to avoid delays.

Helpful Hints

• Get the lender’s written payoff statement early — payoffs change daily due to interest.
• Obtain a recent appraisal or broker price opinion before petitioning the court to justify the sale price.
• Provide clear written notice to beneficiaries and creditors and keep proof (certified mail receipts, filed affidavits of service).
• Ask the court whether sale proceeds must be deposited with the court pending final accounting.
• Record the mortgage payoff and lien release promptly after closing to clear title for the buyer and future transactions.
• Keep an organized folder with all filings, orders, closing statements, and receipts — you will need them for the court accounting.
• If time is sensitive (pending foreclosure), file an emergency petition explaining the urgency and provide the foreclosure timeline to the court.