Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under West Virginia law, a personal representative must notify creditors of an estate by publishing notice in a local newspaper and mailing notice to known creditors. These steps satisfy the “two-year rule,” which bars most creditor claims not presented within two years after the decedent’s death. To rely on this rule, a client should verify that the notice requirements set forth in W. Va. Code §44-2A-7 and §44-2A-6 were met.
Key statutory requirements:
- Publication in a newspaper of general circulation in the county where probate was opened (W. Va. Code §44-2A-7).
- Mailing notice to each known creditor within seven months of the first publication (W. Va. Code §44-2A-6).
Steps to verify compliance:
- Request the probate file from the county clerk or circuit court. Look for the affidavits of publication and mailing.
- Examine the affidavit of publication. Confirm the notice ran at least once weekly for three consecutive weeks and note the first and last publication dates.
- Review the proof of mailing. It should list each creditor’s name, mailing address, and the date the notice was sent.
- Check the order appointing the personal representative (letters testamentary or letters of administration) to establish when notice deadlines began.
- Calculate two years from the decedent’s date of death. If this period has passed and the notice requirements were properly met, most late-filed claims are barred.
Helpful Hints
- Use the probate case number when requesting records to speed up the clerk’s search.
- Contact the newspaper’s office to verify publication dates and obtain a copy of the affidavit of publication if missing.
- Compare mailing dates against publication dates to ensure mailings fell within the statutory window.
- Keep digital copies of all affidavits and proofs of mailing in one folder for quick reference.
- If any proof of notice is incomplete or missing, consider consulting an attorney to explore reopening the estate or other remedies.