Settling a Parent’s Estate in West Virginia and Handling Their Out-of-State Property: A Step-by-Step FAQ

Short answer: Start by locating a will (if any) and filing the necessary probate paperwork in the West Virginia county where your parent was domiciled. Obtain appointment as the personal representative (executor/administrator), inventory and secure estate assets, notify creditors and beneficiaries, and complete administration tasks in West Virginia. For property located in another state, you will normally need an ancillary probate or recognition of your West Virginia letters in that other state to clear title or transfer the property. You will likely need local counsel in the other state for the ancillary process.

Detailed Answer

This section explains the main steps you should expect when administering a decedent’s estate in West Virginia and what to do about real or titled property located in a different state. This is a general guide only and does not replace legal advice.

1) Confirm domicile, locate a will, and gather key documents

• Determine where your parent was legally domiciled at death — the county and state where they lived and intended to remain. That determines the West Virginia probate court that has primary jurisdiction.
• Search for an original will, trust documents, deeds, bank and brokerage statements, titles, insurance policies, and records of debts. A will usually names a personal representative (executor) and beneficiaries.

2) Decide whether formal probate is required

• If the decedent owned real property in West Virginia in their sole name or otherwise significant assets required court supervision, you will usually open a probate case in the county probate court where your parent was domiciled.
• Some assets may pass outside probate (joint accounts, payable-on-death designations, certain trusts, or jointly owned real estate). Identifying which assets are probate vs non-probate is a key early task.
• Ask the county probate clerk about simplified or small-estate procedures if the estate is limited in value.

3) File with the West Virginia probate court and obtain letters

• If there is a will, file the original will and a petition for probate with the circuit court (probate matters are handled by the circuit court in West Virginia). If no will exists, file a petition for appointment as administrator under intestacy rules.
• Once appointed, the court issues letters testamentary or letters of administration (often called “letters” or “letters of authority”) that identify and empower the personal representative to act for the estate.
• West Virginia statutes governing decedents’ estates are found in Title 44 of the West Virginia Code: https://code.wvlegislature.gov/title/44/ and court information is available at the West Virginia Judiciary: https://www.courtswv.gov/

4) Inventory, secure, and value estate assets

• Prepare an inventory of all assets, including bank and investment accounts, personal property, business interests, vehicles, and real estate in West Virginia and elsewhere.
• Secure physical property (change locks if necessary), notify financial institutions, and request account statements. Preserve records and receipts for all estate transactions.
• If the estate includes property in another state, identify the property type (real estate, vehicle, bank account) and how it is titled.

5) Notice to creditors, paying debts and taxes

• Follow court and statutory rules for notifying creditors and publishing notice if required. Pay valid debts and funeral expenses from estate funds in the order required by law.
• File the decedent’s final income tax returns and any required estate tax or fiduciary tax filings. Obtain an Employer Identification Number (EIN) for the estate from the IRS when needed: https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online

6) Handling out-of-state real property (ancillary administration)

• If your parent owned real property or titled assets in another state, you typically cannot transfer clear title in that state using only West Virginia probate orders.
• Most states require a local filing (called an ancillary probate, ancillary administration, or recognition of foreign letters) so the personal representative can be granted authority in the other state. That usually means filing certified or authenticated copies of your West Virginia letters in the other state’s probate court.
• Some properties transfer outside probate (for example, if the property had a joint tenant with right of survivorship, or if a transfer-on-death deed exists under that state’s law). Check title records and the other state’s law to see if ancillary probate is avoidable.
• Because procedures and requirements differ by state, retain a local attorney in the state where the property sits to file the ancillary paperwork, clear title, and record deeds or deeds of distribution as needed.

7) Distribute assets and close the estate

• After debts and taxes are paid and the court is satisfied, distribute the remaining estate to beneficiaries according to the will or state intestacy law.
• Prepare and file a final accounting with the court if required and petition for discharge to end your duties as personal representative.

Common practical steps you can take right away

1. Locate and preserve the original will and vital documents.
2. Get copies of death certificate(s) from the funeral home or county health department.
3. Contact the West Virginia probate clerk in the county of domicile to learn local filing procedures and forms (court information: https://www.courtswv.gov/).
4. Identify any property outside West Virginia and gather title documents and account information for those items.
5. Consider hiring a West Virginia probate attorney to guide the main administration and a local attorney in the other state to handle ancillary matters.

Helpful Hints

• Keep meticulous records of every transaction and communication. Courts expect accurate accounting when you distribute assets.
• Get multiple certified copies of the death certificate early — many institutions require originals or certified copies.
• If an out-of-state property has a mortgage, contact the lender to report the death and learn payoff or assumption requirements.
• Check whether the other state has a “small estate” affidavit or simplified procedure that could avoid full ancillary probate.
• Ask the probate clerk whether bond (a surety bond) is required for a personal representative; sometimes a will waives bond, but the court may still require one.
• Be mindful of deadlines for creditor claims and tax filings. Missing deadlines can affect the estate and your liability as personal representative.
• When in doubt about foreign real estate, hire a local title or real estate attorney in that jurisdiction to ensure the transfer is recorded properly.

Where to find official information

• West Virginia Code, Title 44 (Decedents’ estates and fiduciaries): https://code.wvlegislature.gov/title/44/
• West Virginia Judiciary — circuit court and probate information: https://www.courtswv.gov/
• IRS — apply for an EIN for the estate: https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online

When to get help

• Hire a West Virginia probate attorney if the estate is complex, has disputes among heirs, contains business interests, or large tax issues.
• Hire local counsel in the other state whenever the estate includes real property or other titled assets there. Ancillary filings and title transfers usually require local forms and local court appearances or filings.
• Consider a tax professional if estate, gift, or income tax issues may arise.

Disclaimer: This article explains general principles of West Virginia probate and ancillary handling of out-of-state property. It is educational only and does not constitute legal advice. Laws and court procedures change. For advice tailored to your situation, please consult a licensed West Virginia attorney and, if necessary, counsel in the state where the out-of-state property is located.