Short answer: To be appointed you (1) confirm the decedent’s domicile and whether a will named an executor, (2) gather required documents (death certificate, will if any, list of heirs, asset information), (3) file a petition for appointment with the circuit court where the decedent lived, (4) give required notice, (5) if ordered, post a fiduciary bond, and (6) receive letters of administration authorizing you to act. If you and another person want to serve together, you ask the court to appoint co-administrators. The court follows West Virginia probate statutes and local court rules in making the appointment. See West Virginia Code, Title 44 (probate) for the statutory framework: https://code.wvlegislature.gov/title/44/.

Detailed answer: step-by-step under West Virginia law

1. Confirm whether probate administration is needed

Not every estate requires formal administration. If the deceased’s assets pass automatically (joint accounts with right of survivorship, payable‑on‑death designations, certain small‑estate procedures) you may not need a full administration. If the decedent owned assets solely in their name that require court authority to transfer or pay creditors, you will likely need appointment of an administrator. For the statutory rules that govern how estates are administered, review Title 44 of the West Virginia Code: https://code.wvlegislature.gov/title/44/.

2. Determine priority to be appointed

When the decedent left a valid will, the person named as executor generally has priority. When there is no will (intestacy) the court follows statutory priority among next‑of‑kin and interested persons when appointing an administrator. If multiple people request appointment, the court chooses based on the statute and the best interests of the estate. See Title 44 for rules about who may serve and the order of preference: https://code.wvlegislature.gov/title/44/.

3. Collect required documents and information

• Certified death certificate(s).
• Original will and any codicils (if one exists).
• List of heirs and beneficiaries with contact information.
• Inventory of known assets (bank accounts, real estate, vehicles, life insurance, brokerage accounts, business interests).
• Known creditor information and outstanding bills.
• Your photo ID and proof of relationship or interest (if available).

4. File a petition for appointment in the correct circuit court

You must file the petition (sometimes called a petition for probate, administration, or letters of administration) in the circuit court for the county where the decedent was domiciled at death. The petition asks the court to appoint you as administrator (or appoint you and another as co‑administrators). The court clerk’s office provides local filing requirements and forms. The West Virginia Judiciary maintains probate information and links to court resources here: https://www.courtswv.gov/legal-community/court-records/probate/index.html.

5. Notice and service

After the petition is filed, West Virginia law requires notice to interested persons (heirs and other beneficiaries) and, depending on the case, public notice to creditors. The court will provide guidance on what notices are required in your county. Giving proper notice lets interested parties object if there is a dispute about appointment, the will’s validity, or other matters.

6. Bond and fiduciary qualifications

The court may require an administrator to post a fiduciary bond to protect the estate from mismanagement or loss. The bond amount depends on the estate’s value and the court’s discretion. If you are a beneficiary, a bank, or an insurance company, there are sometimes exceptions or different bond rules—ask the clerk or review the statute at Title 44: https://code.wvlegislature.gov/title/44/.

7. Court hearing and issuance of letters of administration

If the court approves your petition and any required bond is posted, the court issues letters of administration (or letters testamentary if an executor under a will is appointed). Those letters are the legal authority allowing you to collect assets, pay valid debts, manage estate property, and distribute assets according to the will or statute.

8. Duties after appointment

Once appointed, your duties typically include:

• Inventorying and safeguarding estate assets.
• Providing notice to creditors and paying allowed debts and taxes.
• Managing estate property reasonably (collecting rents, insuring assets, selling property if needed and allowed by the court).
• Filing periodic or final accounting with the court and asking for approval before distributing estate assets to heirs or beneficiaries.

State statutes govern many of these duties. For the primary statutory provisions related to probate administration in West Virginia, consult Title 44: https://code.wvlegislature.gov/title/44/.

9. Co-administrators: how it works

If two or more people want to serve together as co‑administrators, the court can appoint co‑administrators if it finds doing so is appropriate and will not hamper administration. The court may require agreement on who will handle specific tasks or require additional supervision. Typically the court will look to whether co‑administration will serve the estate’s interests and avoid conflicts. Ask the clerk about how to note a joint petition and whether local forms exist for co‑administration requests.

10. When disputes arise

Interested parties can object to a proposed appointment, contest a will, or request removal of an appointed fiduciary for cause. Because contests can become complex, parties often consult a probate attorney when disputes occur. The court will follow statutory procedures and local rules when resolving such disputes; see Title 44 for the probate framework: https://code.wvlegislature.gov/title/44/.

Helpful Hints

• Start by calling the circuit court clerk in the county where the decedent lived to confirm local forms, filing fees, and schedule—procedures can vary by county.
• Bring multiple certified copies of the death certificate; banks and other institutions commonly require them.
• If a will exists, locate and bring the original. If you cannot find an original, tell the clerk—there are special procedures for lost wills.
• Prepare a simple asset list before filing. Even a basic list helps the court and speeds the inventory process.
• Expect to provide notice to heirs and creditors. Keep careful records of mailings and filings (dates, addresses, and copies of notices).
• Ask whether a bond is required and shop for a surety bond early—the bonding process can add time and cost.
• If multiple people want the appointment, consider negotiating an agreement (who will act as primary contact, how decisions will be made) before filing. Courts favor practicality and clear plans for joint administration.
• If the estate is small or assets are mostly jointly held or payable on death, there may be a simpler, faster process than full administration—ask the clerk about small‑estate procedures.
• When in doubt, consult a probate attorney to avoid mistakes that can lead to personal liability (administrators can be held responsible for improper handling of estate assets).