Short answer. Before you can sell a deceased parent’s home and transfer clear title, the estate must be administered, creditors must be given the statutorily required notice and opportunity to present claims, secured debts (like mortgages) must be addressed, and the personal representative must get authority to sell the property (either under the will’s terms or by court approval). Follow the probate steps under West Virginia law and obtain payoff statements or lien releases so the buyer and title company can close with a clear title. This is a summary and not legal advice—see the disclaimer at the end.

Detailed answer — step‑by‑step under West Virginia law

1. Determine whether the estate must go through probate and open an estate

   Start by locating the will (if any) and the death certificate. If the decedent owned the home individually (not jointly with rights of survivorship, not in a living trust), you usually must open probate in the county where your parent lived so a personal representative (executor or administrator) can be appointed. The West Virginia courts provide information and local rules for probate administration; for statutory authority, see West Virginia probate statutes: W. Va. Code Chapter 44 (https://www.wvlegislature.gov/wvcode/ChapterEntire.cfm?chapter=44).

2. Have the court appoint a personal representative

   The court issues Letters Testamentary or Letters of Administration naming the personal representative. That person has the legal authority to act for the estate, inventory assets (including the home), manage estate bank accounts, pay expenses, and, with court authorization or under powers in the will, sell estate property.

3. Inventory assets and determine outstanding debts and secured liens

   The personal representative should prepare an inventory that lists the home, any mortgages, tax liens, judgment liens, or other recorded encumbrances. Contact mortgage lenders to get payoff figures and request certified payoff statements for any loans secured by the property. Title companies also can run a title search to identify liens that must be cleared at closing.

4. Give notice to creditors under West Virginia probate procedure

   Under West Virginia probate procedure, the personal representative must notify creditors so they can present claims. Notice typically includes mailing to known creditors and publishing a notice to unknown creditors in a local newspaper for the period required by law. Follow the notice rules in the probate code and the local court’s procedures (see W. Va. Code Chapter 44: https://www.wvlegislature.gov/wvcode/ChapterEntire.cfm?chapter=44 and the West Virginia Judiciary probate resources: https://www.courtswv.gov/legal-community/court-administration/probate/index.html).

   Creditors who do not file valid claims within the statutory period provided by the notice may be barred from collecting from estate assets. The exact deadlines and consequences depend on the statutes and type of notice, so confirm the timing with the code or an attorney.

5. Review and resolve creditor claims

   When creditors present claims, the personal representative must evaluate, accept, negotiate, or contest them. Priority rules determine the order of payment (administration expenses, funeral costs, taxes, secured claims, unsecured claims). If the estate has enough cash or sale proceeds, claims and liens are paid from the estate before distributing remaining funds to heirs.

6. Get authority to sell the home

   The ability to sell depends on three things: (1) the will (does it give the personal representative power to sell real estate?), (2) whether heirs agree to a sale, and (3) whether the court must approve the sale. If the will grants a specific power to sell or all heirs consent, a sale may proceed with appropriate documentation. If a court order is required, the personal representative petitions the probate court for authority to sell; the court will require notice to interested parties and may set terms.

7. Clear liens and pay secured creditors at or before closing

   Before closing the sale, obtain payoff statements and lien releases for mortgages, tax liens, and recorded judgments. The closing agent or title company typically pays these liens from sale proceeds and issues a closing statement. If the estate lacks adequate cash, the sale proceeds are the primary source to pay secured liens so the buyer receives clear title.

8. Close the sale and distribute proceeds according to priorities

   At closing, the title company records the deed, pays off liens, pays estate administration expenses and approved creditor claims, and the personal representative distributes remaining funds to beneficiaries per the will or intestacy rules. The personal representative should keep full accounting and obtain court approval of the final account if the court requires it.

9. When claims are disputed or the estate is insolvent

   If a creditor’s claim is disputed, the representative may object and the court will resolve the dispute. If the estate is insolvent (liabilities exceed assets), state law prescribes the order for paying claims and the estate may not fully satisfy all creditors. Consult the statutes and an attorney for guidance in insolvency situations.

For the governing statutory framework and details on notice, claims, and administration duties consult West Virginia’s probate statutes: W. Va. Code Chapter 44 (https://www.wvlegislature.gov/wvcode/ChapterEntire.cfm?chapter=44), and the West Virginia Judiciary probate resources: https://www.courtswv.gov/legal-community/court-administration/probate/index.html.

Helpful hints

• Start early: obtain multiple certified copies of the death certificate and locate the original will if one exists.
• Contact the mortgage servicer promptly for a written payoff statement and information about escrow and final accountings.
• Work with a probate attorney familiar with West Virginia practice if the estate is contested, has complex debts, or the will lacks clear powers to sell real property.
• Use a title company to run a full title search before marketing the property; they will identify recorded liens and title exceptions to clear before closing.
• Document all creditor communications and filings. Keep records of published notices, mailed notices, and any claims received.
• If multiple heirs own the property together after probate, get written agreements from all owners or seek a court‑ordered sale to avoid later disputes.
• Ask the closing agent for a proposed HUD/Closing Disclosure early so you can see how sale proceeds will be applied to liens and estate expenses.
• Don’t rely on verbal promises from creditors. Obtain lien releases or court orders showing claims are settled before relying on a sale to clear title.
• If an urgent sale is necessary (e.g., preventing property deterioration), discuss expedited probate options with an attorney and notify the court and creditors as required by law.