Short overview: When someone dies without a will in West Virginia (intestate), the court must appoint an administrator to collect the decedent’s assets, pay debts and taxes, and distribute what remains according to West Virginia’s intestacy rules. A child of the decedent is normally eligible to be appointed administrator, but you must follow the local probate process and meet court requirements.

Which court handles an intestate estate in West Virginia?

Probate and the appointment of administrators are handled through the state courts that manage decedents’ estates in your county. For the statewide statutes governing decedents’ estates, see Chapter 44 of the West Virginia Code: West Virginia Code, Chapter 44 (Decedents’ Estates). For practical local procedures, contact the clerk of the court in the county where your parent lived at their death or consult the West Virginia Judiciary resources: West Virginia Judiciary.

Who can be appointed administrator?

Under West Virginia law, priority for appointment generally goes to those who are closest in relationship to the decedent and who are willing and able to serve. Typical priorities are the surviving spouse, adult children, other heirs, creditors (in some circumstances), and finally a public administrator if no private person qualifies. If you are a child of the decedent, you are ordinarily a preferred person for appointment, but the court will consider whether you are suitable and whether other persons with equal or higher priority want to serve.

Step-by-step: How to get appointed as administrator

1. Confirm intestacy and heirship. Verify that the decedent died without a valid will and identify the likely heirs (spouse, children, parents, siblings). West Virginia’s intestacy distribution rules are in Chapter 44; see the code link above.
2. Locate the correct court and clerk. Find the probate office or clerk that handles decedents’ estates in the county where your parent lived when they died. Contact them for local forms and filing procedures.
3. Prepare and file a petition for administration. File a Petition for Letters of Administration (or similar petition) asking the court to appoint you as administrator. Typical attachments include a certified death certificate and a proposed order. The court clerk can provide the specific form names used in your county.
4. Provide notice to interested parties. After filing, the court will require notice to potential heirs and sometimes to creditors. The clerk will explain how and when to give notice and whether you must publish notice in a newspaper.
5. Post bond if required. The court commonly requires an administration bond (insurance that protects the estate). The bond amount depends on the value of the estate and the court’s rules; occasionally bond may be waived for close relatives in small estates, but never assume that—ask the clerk or judge.
6. Attend any required hearing and obtain Letters of Administration. If the court approves your petition, it will issue Letters of Administration (sometimes called Letters Testamentary for estates with wills), which are the legal documents that show you have authority to act for the estate.
7. Inventory and secure estate assets. As administrator you must collect and safeguard assets, prepare an inventory and appraisal if required, and manage estate property during the administration.
8. Notify creditors and pay debts and taxes. You must follow statutory timelines for publishing creditor notice and handling claims. Pay valid debts, funeral expenses, and any estate taxes before distributing to heirs.
9. Distribute assets according to intestacy rules. After debts and expenses are paid, distribute remaining assets to heirs under West Virginia’s intestacy statutes. Keep records and get receipts for distributions.
10. File required accountings and close the estate. The court may require periodic or final accountings showing all receipts, disbursements, and distributions before discharging you as administrator.

Key duties and powers of an administrator

• Collect and secure estate assets.
• Provide notice to heirs and creditors and defend the estate against invalid claims.
• Pay valid debts, taxes, and administration expenses.
• Keep accurate records, file inventories and accountings as required by the court.
• Distribute the estate according to West Virginia intestacy rules.

Common hurdles and how to handle them

If someone objects to your appointment, the court will hold a hearing to decide who should serve. Objections commonly arise when multiple heirs seek to administer the estate, or where a creditor or other party asserts a higher priority. Be prepared to explain why you are qualified and able to serve. If the estate is complex (significant assets, business interests, or potential disputes), the court may prefer an attorney or professional fiduciary; consult an attorney if you expect conflict or complexity.

Where to get forms and local instructions

Contact the clerk of the circuit court (or local probate office) in the county where your parent lived. Many counties provide forms and checklists. For the statewide statutes governing appointment and administration, see: West Virginia Code, Chapter 44 (Decedents’ Estates). For court procedural help and links to local court contacts, see the West Virginia Judiciary: https://www.courtswv.gov/.

When you should talk to an attorney

Consider hiring an attorney if the estate has significant assets, unresolved debts, tax issues, disputes among heirs, real estate in multiple states, or complex business interests. An attorney can prepare filings, represent you at hearings, and help limit your personal liability as administrator.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and local procedures vary. For advice about your situation and help with filings, consult a licensed West Virginia attorney or contact the local probate court.

Helpful Hints

• Get several certified copies of the death certificate early—courts, banks, and other institutions will require them.
• Talk to the county court clerk before filing to get the correct petition form and filing fee amount.
• Make a simple list of known assets, locations of important documents (bank statements, deeds, insurance policies), and potential creditors before you file.
• If you expect family disagreement, ask the court clerk about temporary authority to secure property while the appointment is pending.
• Keep detailed records of all transactions and save receipts—this will simplify required accountings to the court and protect you from personal liability.
• Ask the court or an attorney about bond—if required, arrange bond insurance early to avoid delays in appointment.
• When in doubt, consult a probate attorney in your county—many offer short consultations to explain the process and costs.