Detailed Answer

This article explains, in plain language, how a person who believes they are the sole heir can ask a West Virginia probate court to reconsider previously issued letters of administration and remove the current administrator. The explanation uses common hypothetical facts and points you to the West Virginia statutes that govern appointments, revocations, and removal of personal representatives. This is educational information only and not legal advice. For legal advice about your case, contact a West Virginia probate attorney.

Quick overview of the situation

Hypothetical: A person dies without a will (intestate). The clerk or a court appointed an administrator (sometimes a friend or distant relative). You believe you are the decedent’s sole heir and that the court should revoke those letters and appoint you instead because the administrator is failing to act, mismanaging assets, or otherwise not qualified.

Where the law lives

West Virginia’s probate and administration rules are found in Chapter 44 of the West Virginia Code. See: West Virginia Code Chapter 44.

Step-by-step: How to seek revocation and removal

1. Confirm your status as an interested person. As a sole heir (next-of-kin under intestacy rules), you are an interested person with standing to challenge administration. Gather documents that prove relationship (birth certificates, family records), the decedent’s death certificate, and any filings in the probate file (letters of administration, inventory, accountings).
2. Review the probate file. Visit the circuit court clerk’s probate division where the estate is opened and inspect the file. Note the administrator’s letters, any inventory or accountings, and whether the administrator posted bond. The clerk can tell you what motions have been filed and available deadlines.
3. Identify the legal basis to ask the court to remove or revoke letters. Common grounds include:

• Administrator lacks priority or was improperly appointed (someone with greater right — e.g., an intestate heir — was overlooked).
• Failure to qualify (did not take oath or post required bond).
• Misconduct, fraud, or breach of fiduciary duty (misappropriation of funds, failure to inventory assets, self-dealing).
• Incapacity, incompetence, or persistent inability to perform duties.
• Conflict of interest that prevents proper administration.

These grounds are governed by West Virginia’s probate rules and statutes in Chapter 44. If you rely on misconduct or breach of duty, be prepared with evidence.

4. File a written petition with the circuit court. You (or your attorney) typically file a petition or motion titled something like “Petition to Revoke Letters of Administration,” “Petition for Removal of Administrator,” or “Objection to Letters of Administration.” The petition should state:

• Your relationship to the decedent and status as an interested person or sole heir.
• Why the current appointment is wrong or why removal is appropriate (legal grounds and supporting facts).
• Relief sought — e.g., revocation of letters, appointment of a successor (you), bonding request, or temporary restraining orders to secure assets.

Serve the petition on the administrator and all other interested persons according to local rules so everyone receives proper notice.

5. Ask the court for interim protection if assets are at risk. If you believe the administrator is dissipating estate assets, you can ask the court for temporary relief immediately — for example, an order freezing estate bank accounts, requiring an accounting, or removing the administrator pending a full hearing. Courts can issue interim orders to protect estate property.
6. Prepare evidence for the hearing. Bring documentary evidence: bank records, copies of checks, inventory or lack thereof, communications showing refusal to cooperate, proof the administrator didn’t post bond, or proof you are the sole heir. Obtain witness statements if helpful. Be ready to show why removal serves the estate’s best interests.
7. Attend the hearing and argue your petition. At the hearing the judge will hear testimony and consider the evidence. The judge may revoke the letters, remove the administrator, suspend them, or deny your petition. Courts weigh the best interests of the estate and the rights of creditors and heirs.
8. If the court removes the administrator, request appointment of a successor. If you want to become administrator, file the necessary application for letters of administration and show you have the priority to be appointed (as sole heir you typically have strong claim). Be prepared to post bond or meet other statutory requirements. If multiple people claim priority, the court will follow statutory priority rules in Chapter 44.

Evidence and proof

Removal is fact-driven. The court will expect proof showing that the administrator is unfit, has breached duties, or that the initial appointment was improper. Useful evidence includes:

• Bank statements and canceled checks showing missing estate funds.
• Communications (emails, letters, texts) where the administrator refuses to act or misstates facts.
• Lack of inventory or failure to file required accountings.
• Affidavits from witnesses who can attest to mismanagement or to your heirship.

Possible outcomes

• The court may revoke letters and appoint you as administrator.
• The court may remove the administrator and appoint an independent person (another heir or a neutral party) or the court may order the administrator to cure defects (e.g., post bond, produce accountings).
• The court may deny the petition if proof is insufficient.
• The court may require the administrator to account for estate transactions and, if wrongdoing is found, enter surcharges or refer matters for criminal investigation.

Timing and deadlines

There is not a single fixed deadline that applies to all contests; however, acting promptly is important. Delay can allow the administrator to take irreversible actions. Check the probate file and local court rules for deadlines. If you suspect misappropriation, seek immediate interim relief.

Costs and bonding

If you seek appointment as administrator, the court commonly requires you to qualify (take an oath) and post surety bond unless waived. The estate should bear reasonable costs, but you should be prepared for filing fees and possible bond premiums.

When to hire an attorney

Probate removal and revocation proceedings can be complex, fact-sensitive, and sometimes adversarial. Consider hiring a West Virginia probate attorney if:

• Large estate assets are at stake.
• The administrator is accused of fraud or theft.
• There is contentious litigation among heirs.
• You need help drafting pleadings, seeking emergency relief, or presenting evidence at a hearing.

The circuit court clerk can give procedural guidance, but they cannot give legal advice.

Statutes and resources

Primary statutory authority for these issues appears in Chapter 44 of the West Virginia Code. See: https://code.wvlegislature.gov/44/. Also contact the clerk of the circuit court where the estate is filed for local forms and filing requirements.

Helpful Hints

• Act quickly. Prompt motions for interim relief can stop asset dissipation.
• Collect and organize documents before filing: death certificate, letters of administration, any inventory or accounting, bank records, and proof of heirship.
• File a clear, fact-based petition describing the legal grounds for removal and the relief you request.
• Ask the court for temporary orders if you believe estate assets are being threatened.
• Serve all interested parties properly and follow the clerk’s instructions for filing and hearing dates.
• Be prepared to post bond if you ask to be appointed administrator.
• Document any suspected misconduct carefully; consider getting forensic copies of electronic records or bank statements.
• Even if you are the sole heir, the court must follow statutory procedure — you cannot self-appoint.
• Talk to a West Virginia probate attorney if the matter involves large assets, complicated facts, or suspected theft.

Disclaimer: This is general information about West Virginia probate practice and is not legal advice. Laws change and every case is different. Consult a licensed West Virginia attorney about your specific situation.