Detailed Answer

This answer explains practical steps for submitting an original will to a West Virginia probate court (the court in the county where the decedent was domiciled) when you, the potential personal representative or interested person, live in another state. This is a general guide only and does not replace legal advice.

Which court to file in

Probate matters in West Virginia are handled in the court for the county where the decedent was domiciled at death. If you are unsure which county that is, check the decedent’s last address, tax documents, or ask family members. For statewide code and references, see the West Virginia Code site: https://code.wvlegislature.gov/. For court contact information and local procedures, see the West Virginia Judiciary: https://www.courtswv.gov/.

Does the court require the original will?

Most West Virginia probate courts will want the original signed will to probate. Courts generally prefer the original because it proves execution and authenticity. If the original is not available, courts may accept a properly certified or authenticated copy in limited circumstances, but that can complicate or delay opening the estate. If you cannot produce the original, contact the county clerk in advance to learn the local rules and whether an authenticated copy or affidavit will be acceptable.

Practical steps when you live out of state

1. Contact the county probate office first. Call or email the clerk’s office for the county where the decedent lived. Ask about filing procedures, required documents, filing fees, and whether the court accepts mailed filings or requires in-person filing.
2. Consider hiring a West Virginia probate attorney. An in-state attorney can file the petition, present the original will, obtain Letters Testamentary (or Letters of Administration if needed), and handle local notices. They can also advise on whether you must appear in person or can proceed by mail.
3. Secure and preserve the original will. Do not sign, tear, or alter the will. Keep it in a safe place (locked envelope, safe-deposit box, or held by a lawyer). If you must mail it, use a trusted tracked and insured service and follow the clerk’s instructions for addressing and labeling the package.
4. Assemble required paperwork. Typical documents the court will expect include the original will, a certified copy of the death certificate, a completed probate petition or application (the county will provide forms or instructions), and identification for the petitioner.
5. File the probate petition. File the petition to admit the will to probate (sometimes called an Application for Probate). If you live out of state and the court allows mail filing, include a stamped, self-addressed envelope for returned certified copies and letters. If filing must be in person, your attorney can appear for you.
6. Pay filing fees and post any required bond. Fees and bond requirements vary by county and by whether the will names a personal representative who is nonresident. Ask the clerk whether a nonresident executor must post a bond and whether the will waives bond.
7. Arrange for required notices. West Virginia courts typically require notice to heirs and creditors and may require publication notice. The clerk or your attorney will explain the specific notice steps and timelines.
8. Get certified copies and Letters. Once the court admits the will and issues Letters Testamentary or Letters of Administration, request certified copies from the court. These certified copies are usually required to access bank accounts, transfer title, and act for the estate from out of state.

If the original will cannot be found or is located in another state

If the original will is physically located in another state, you still must get it to the West Virginia court (or provide an acceptable authenticated copy). Options include:

• Ask the holder to forward the original to the appropriate West Virginia county clerk by secure, traceable delivery.
• Have the original proved in the state where it is located and obtain a certified exemplified copy and letters, then present those to the West Virginia court (this may be useful if a full ancillary probate is necessary for out-of-state assets).
• Hire counsel in the state holding the will to execute an affidavit of due execution or to assist with authentication if the West Virginia court requires it.

Timing and common delays

Uncontested probates where the will is clear and the named executor files promptly can be resolved in a few weeks to a few months. Delays commonly arise from missing originals, required notices, creditor claims, property title issues, or beneficiary disputes. Using a local attorney and obtaining certified court copies early usually speeds access to estate assets.

Key local contact points

Always confirm county-specific rules with:

• The Clerk of the Circuit Court in the county where the decedent was domiciled (court handles probate filings)
• A West Virginia probate or estate attorney if you prefer professional help
• West Virginia Judiciary information pages: https://www.courtswv.gov/
• West Virginia Code (searchable statutes): https://code.wvlegislature.gov/

Helpful Hints

• Do not destroy, sign, or alter the original will. Any physical change can cause the court to question its validity.
• Call the county clerk before shipping the original. Some clerks prefer you hand-deliver or have an attorney file in person.
• If you must mail the original, use tracked, insured delivery and request a return receipt.
• Ask for certified copies of Letters Testamentary or Letters of Administration — you’ll need certified copies to access accounts and property as a nonresident personal representative.
• If the named executor lives out of state, ask whether the will waives a bond. If not, courts sometimes require a bond or a local co-executor.
• Get a certified copy of the death certificate early — clerks and banks typically require it with the petition or account requests.
• Keep detailed records of communications, filings, and shipments in case questions arise later.
• Consider a local attorney if the estate includes real estate in West Virginia, titled assets, or potential disputes — managing those from another state is harder without local counsel.
• Remember to notify financial institutions, insurance companies, and government benefit offices once you have letters from the court; each may have its own requirements and forms.