Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance.
Detailed Answer
1. Intestate Estate and Letters of Administration
When someone dies without a valid will, they die “intestate.” In West Virginia, the court appoints an administrator to handle the estate’s affairs. The administrator collects assets, pays debts, and distributes property to heirs under state law.
2. Priority of Applicants
West Virginia law sets a priority list for who may serve as administrator. See W. Va. Code § 44-2-6. The usual order is:
- Surviving spouse
- Children or their descendants
- Parents of the decedent
- Siblings or their descendants
- Other next of kin
- Any other qualified person, with court approval
3. Filing a Petition
A potential heir files a petition for Letters of Administration at the county commission where the decedent was domiciled. The petition typically includes:
- Decedent’s name, date of death, and last residence
- List of known heirs and their relationships
- Estimated value of personal and real property
- The petitioner’s relationship to the decedent
Once filed, the court sets a hearing date and notifies interested parties.
4. Posting Bond and Appointment
The court may require the administrator to post a bond under W. Va. Code § 44-2-8 unless waived. After reviewing the petition and bond, the court issues Letters of Administration officially appointing the administrator.
5. Duties of the Administrator
Once appointed, the administrator must:
- Inventory and appraise estate assets
- Notify creditors and publish required notices
- Pay valid debts, taxes, and funeral expenses
- File accountings and petitions for distribution
- Distribute remaining assets to heirs per W. Va. Code §§ 44-2-17 to 44-2-56
Helpful Hints
- Gather a certified death certificate and asset records before filing.
- Visit your county commission’s website for local forms and fees.
- Verify bond requirements; some heirs can waive bond if eligible.
- Keep a detailed record of all estate-related transactions.
- Seek legal advice if multiple heirs contest the appointment or estate actions.