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When managing an estate in West Virginia, you may encounter difficulties obtaining key documents from uncooperative institutions. Missing documentation can stall probate proceedings or complicate asset distribution. Under West Virginia law, you can use several mechanisms to secure these records—from formal demands to court-ordered subpoenas. Below is a detailed overview of your options.

Detailed Answer

1. Review Your Role and Authority

As personal representative (executor or administrator), West Virginia law grants you authority to gather estate assets and documents. Under W. Va. Code §44-1-8, you must file an inventory of estate assets. To prepare that inventory, you can request records from banks, insurers, or other institutions holding estate property.

2. Send a Formal Demand Letter

Begin by sending a written demand that references your statutory authority. Address the letter to the institution’s legal or compliance department. State the documents you seek—such as account statements, titles, or policy files—and allow a reasonable deadline (10–14 days) for compliance.

3. File a Petition in Probate Court

If the institution ignores your demand, file a petition in the probate court that issued your letters of administration or testamentary. Under W. Va. Code §44-1-13, you may request a court order compelling production of documents. The court can enforce the order and sanction noncompliant parties.

4. Use Civil Subpoenas

When probate procedures do not resolve the issue, you can seek discovery in a civil action. West Virginia Rule of Civil Procedure 45 (Subpoena) lets you command institutions to produce documents at a deposition or hearing. If necessary, ask the court to hold the institution in contempt for failure to comply.

5. Address Lost or Destroyed Wills

If the missing document is a will or codicil, use W. Va. Code §44-2-13. That section guides proof of lost or destroyed wills. You can petition the court to admit a copy or oral testimony by showing the original existed and was never revoked.

Helpful Hints

• Keep detailed records of all communications with institutions, including dates and content.
• Serve court orders via certified mail or a professional process server.
• If you fear document destruction, seek an expedited court order.
• Review the West Virginia Rules of Civil Procedure for additional discovery tools beyond subpoenas.
• Maintain a master checklist of required documents: bank statements, insurance policies, deeds, titles, and wills.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to discuss your situation.