Probating a Will Without Administration in West Virginia: How Real Property Title Can Transfer

Disclaimer: This is educational information only and not legal advice. For advice about a specific estate, contact a licensed West Virginia attorney.

Overview — what “probate without administration” means in West Virginia

Probate without administration is a streamlined court process to admit a decedent’s will to probate and allow direct transfer of property to the beneficiaries named in the will, without appointing a full personal representative (executor) who carries out a formal administration. It is an option when the estate’s affairs are straightforward, creditor exposure is limited, and a full administration is unnecessary.

When this procedure is used

People commonly use probate without administration when:

• The decedent left a valid will.
• Most assets pass directly to beneficiaries (e.g., jointly held property, assets with beneficiary designations) or estate administration would be simple.
• No one expects a contested claim by creditors or disputes among heirs that require a formal administrator to resolve.
• Beneficiaries want to avoid the time and expense of formal administration if the court will allow a simpler path.

How the process generally works in West Virginia

Procedures vary by county court, but the typical steps are:

1. Gather documents. You will need the original will (if available), a certified copy of the death certificate, a list of the decedent’s known assets and liabilities, and names/addresses of the beneficiaries and heirs.
2. File a petition to probate the will without administration. A petition is filed in the circuit court in the county where the decedent lived. The petition asks the court to admit the will to probate and to permit distribution under the will without appointing an executor who must qualify and administer the estate.
3. Give required notices. West Virginia procedure generally requires notice to interested persons and may require notice to creditors. The court will tell you what notice is needed; the forms and notice requirements can vary by county.
4. Court review and order. The court will review the will and supporting documents. If the court admits the will to probate without administration, it will enter an order (sometimes called an order admitting the will to probate without administration or a decree) describing the effect of admission and any directions for distribution.
5. Use the court’s order to transfer title to real property. To change title to real estate, beneficiaries typically record a certified copy of the court’s order admitting the will to probate (and sometimes a certified copy of the will) in the county where the property is located. Recording the court’s certified documents creates the public record showing the court authorized transfer under the will.
6. Deed or other instrument. Depending on the court’s order and the county clerk’s recording practice, beneficiaries or an executor named in the will may need to execute and record a deed transferring title to the beneficiary. If no executor is appointed, the court’s order will often instruct how transfer should occur; title companies or county clerks may want a certified probate order or a specific court decree authorizing a named person to sign a deed.

Key points about transferring real property title

• Recording a certified copy of the court’s probate order and, if needed, a deed is the usual way to change the deed record and show the new ownership.
• Title companies and county recording offices have their own document/format requirements. They commonly require a certified copy of the probate order from the circuit court and the original death certificate or certified copy.
• If the will names an executor but the petitioner seeks probate without administration, some counties or title companies will insist that the named executor qualify and obtain letters testamentary to sign deed(s). Others accept a deed signed by beneficiaries together with a certified probate order. You should check local practice in the county where the land is recorded.
• Mortgage liens, outstanding property taxes, or other encumbrances remain attached to the property until satisfied or otherwise addressed; the purchaser or the beneficiaries must handle those liens when clearing title.

Practical checklist — documents and steps you’ll likely need

• Original will (or proof of lost will if applicable).
• Certified death certificate.
• List of the decedent’s real property with county and parcel identification.
• Names and contact information for beneficiaries and heirs.
• Information about known creditors, mortgages, liens, and tax obligations.
• Filing the petition in the correct county circuit court and paying court filing fees.
• Requesting certified copies of the probate order from the court for recording.

Common complications and when to consider a full administration or an attorney

Probate without administration is not appropriate if:

• There are disputes about the will’s validity or beneficiary rights.
• Significant creditor claims are expected or there are complex tax questions.
• Real property is subject to unresolved liens, partition claims, or boundary disputes.
• A bank, title company, or buyer requires letters testamentary or a clear chain of executor authority to close a sale.

If any of the above apply, a full probate administration (with appointment and qualification of an executor or personal representative) may be safer to clear title and protect personal liability.

Where to find official West Virginia guidance and statutes

State statutes and local court rules govern probate practice. For general statutory text and to locate provisions about decedents’ estates and probate procedure, see the West Virginia Code: https://code.wvlegislature.gov/ (see the chapters addressing decedents’ estates and probate). For court forms and local probate guidance, consult the West Virginia Judiciary’s probate information and forms page: https://www.courtswv.gov/legal-community/probate/

Helpful hints

• Start by calling the clerk of the circuit court in the county where the decedent lived or where the property is located to confirm local filing requirements and document formats.
• Obtain certified copies of the court’s probate order for each county where you will record real property transfers.
• If a title company is involved (sale or refinancing), ask what documents they require — they may require letters testamentary or a specific court decree.
• Keep careful records of notices given and distributions made. Even when administration is not opened, beneficiaries can face personal liability if distributions are made while valid debts remain unpaid.
• When in doubt, consult a West Virginia probate attorney to confirm that probate without administration is appropriate and to prepare the necessary petition and recording documents correctly.

Again, this is general information and not legal advice. If you need help with a specific estate or title transfer, speak with a licensed West Virginia attorney or contact the circuit court clerk in the appropriate county.