How to transfer a deceased parent’s house to you and your siblings under West Virginia law

Short answer: In West Virginia, if a parent dies without a will (intestate), title to the house generally passes to the heirs by operation of the state’s intestacy rules. To put the house into you and your siblings’ names you usually must: (1) confirm how title currently stands (joint title, tenancy by the entirety, or sole ownership); (2) open a probate or use a limited/small‑estate procedure if available; and (3) record a new deed or other transfer document (often using letters of administration or an affidavit of heirship). The exact route depends on facts such as whether the decedent owned the home alone, whether there is a mortgage, and the size of the estate.

Disclaimer

This is general information only and not legal advice. I am not a lawyer. For legal advice about your specific situation, consult a West Virginia probate or real estate attorney.

Detailed answer — step by step under West Virginia law

1. Confirm how the property is titled

Before anything else, find the recorded deed at the county recorder/clerks office where the house sits. The deed tells you whether the parent owned the house:

• solely in their name (most common for intestacy issues),
• as joint tenants with right of survivorship (the surviving joint owner automatically owns the whole), or
• as tenants by the entirety (between spouses, with survivorship protections), or
• with others (other family members, trusts, etc.).

If the deed shows a survivorship form (joint tenancy or tenancy by the entirety), probate may not be required for title transfer — the surviving joint owner(s) may already own the property by operation of law. If the decedent owned the property alone, probate or an affidavit procedure will likely be required to clear title.

2. Determine whether probate (formal administration) is required

When a person dies intestate, their estate generally must be administered through the probate (or estate) process so assets can be inventoried, creditors notified, and the remaining assets distributed to heirs under West Virginia’s intestacy rules. West Virginia’s rules on descent and distribution are set out in the West Virginia Code; see Chapter on Descent and Distribution for details: West Virginia Code — Chapter 42. Guidance for probate courts and processes is available from the West Virginia Judiciary: West Virginia Judiciary — Probate Resources.

3. Use a small‑estate or simplified procedure if eligible

If the estate’s value falls below West Virginia’s small‑estate threshold or qualifies for a simplified transfer procedure, you may avoid full formal administration. West Virginia has statutory procedures for collecting small estates and for appointment of an administrator without full administration; consult the probate court in the county where the decedent lived for the exact limits, forms, and timing. Relevant probate and administration rules are in the West Virginia Code, Chapter on Probate and Administration: West Virginia Code — Chapter 44. The county probate clerk can tell you if a simplified procedure applies.

4. Open an estate and get appointed personal representative (administrator)

If formal probate is needed, a sibling or another person files to open administration in the county probate court. The court appoints a personal representative (administrator). The administrator collects assets, pays debts and taxes, and then distributes the remaining property to heirs under the intestacy rules (see Chapter 42). The administrator can sign a deed or other instrument to transfer the house to the heirs after court approval or in accordance with the court’s orders.

5. Record the transfer deed and clear title

Once the estate issues a court order, or the administrator has authority, the estate will execute and record a new deed transferring the property to you and your siblings (usually as tenants in common unless you decide otherwise). The recorder’s office requires the recorded deed plus proof of authority (letters of administration) or an affidavit as required by the county. After recording, the county will update property tax records to reflect the new owners.

6. Watch for mortgage, liens, and taxes

If a mortgage exists, the lender remains secured by the property. You must either continue mortgage payments or arrange payoff or assumption. Creditors of the decedent have a limited time to make claims in probate; the administrator handles those claims. Property taxes and estate taxes, if any, must be paid before distribution. If creditors remain unpaid, the administrator may need to sell property to satisfy valid claims.

7. Typical documents you will need

• Certified copy of the decedent’s death certificate
• Original deed and a certified title search (recommended)
• Letters of administration (from the probate court) or a small‑estate affidavit
• IDs for heirs and personal representative
• Mortgage payoff statement (if applicable)
• Proof of relationship (birth certificates, marriage certificate) if required to show heir status

8. What if heirs can’t agree?

If siblings disagree about keeping, selling, or how to hold title, the administrator or an heir may ask the court to decide. A court can order sale and division of proceeds if co‑owners cannot agree. Consider mediation or a family agreement to avoid litigation.

9. Special situations

• If the decedent had a surviving spouse: West Virginia’s intestacy rules prioritize the spouse and children in distribution; see Chapter 42 of the West Virginia Code for distribution rules: https://code.wvlegislature.gov/42/.
• If the property was owned with a right of survivorship: title may pass immediately to the surviving owner(s) without probate.
• If the title is in a trust or a different legal entity: follow trust instruments or entity documents for transfer.
• If there are potential heirs not known (unknown children, intestate heirs in other states): a full probate and notice to creditors and potential heirs may be required to clear title.

Helpful hints — practical tips to make the transfer easier

• Start by obtaining several certified copies of the death certificate from the funeral home or the health department.
• Get a current copy of the deed and run a title search; many problems show up only in the title history (liens, easements, prior transfers).
• Contact the county probate clerk early — they can explain local forms, small‑estate procedures, and filing fees. West Virginia Probate Resources: https://www.courtswv.gov/public-resources/probate/index.html.
• Keep detailed records of all communications, payments, and filings related to the estate.
• If the family wants to keep the house but cannot afford the mortgage or taxes, consider a family buyout (one or more siblings buy others out) or a court‑approved sale with division of proceeds.
• Consider hiring a West Virginia probate or real estate attorney if title problems, creditor claims, or family disputes arise. An attorney can prepare the deed, handle probate filings, and ensure compliance with state statutes.
• If you plan to sell the property after transfer, think ahead about capital gains tax issues and obtain a broker’s opinion or appraisal.

Where to find forms and assistance

Use the West Virginia Judiciary site for probate forms and county contacts: West Virginia Judiciary — Probate Resources. For statutory language on intestacy and probate rules, consult the West Virginia Code chapters linked above: Descent and Distribution (Chapter 42) and Probate and Administration (Chapter 44).

Bottom line

Transferring a deceased parent’s house into the names of you and your siblings in West Virginia typically requires confirming how title is held, then using either probate administration or a qualified small‑estate process to obtain authority to transfer. After the court process (or qualifying affidavit), record a deed to put the property in the heirs’ names. Because procedures and local practices vary, contact the county probate clerk and consider legal help if there are debts, title issues, or family disagreements.

Again, this is general information and not legal advice. For specific legal guidance about your situation, consult a West Virginia probate or real estate attorney.