Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer: West Virginia Probate Steps to Address Debts and Expenses
Hypothetical Example: Suppose Mary Johnson’s estate includes a $150,000 home, a $50,000 bank account, and unpaid medical bills totaling $20,000 plus $10,000 in funeral expenses. The personal representative must ensure these claims and expenses are satisfied before distributing any remaining assets to Mary’s heirs.
1. Opening the Estate and Appointment of Personal Representative
The executor named in a will or an administrator appointed by the circuit court must file a probate petition. Once accepted, the court issues letters testamentary or letters of administration. See WV Code §44-1-5 for appointment procedures.
2. Inventory and Appraisement of Estate Property
Within 90 days of appointment, the personal representative must file an inventory and appraisement of all estate assets under WV Code §44-1-13. This report establishes the value available to pay debts and expenses.
3. Creditor Notice and Claim Filing
Under WV Code §44-1-18, the representative publishes notice to creditors in a local newspaper and mails notice to known creditors. Creditors then have 90 days to file claims with the court as specified in WV Code §44-1-17. Late or undisclosed claims may be barred.
4. Payment of Debts and Administrative Expenses
After claims allowance, the personal representative pays priority debts (funeral costs, taxes, secured claims) and administration expenses (attorney fees, court costs) pursuant to WV Code §44-1-15. In our hypothetical, the representative would pay the $20,000 in medical bills and $10,000 in funeral expenses before any distribution.
5. Final Accounting and Asset Distribution
Once all debts and fees are paid, the representative files a final accounting and petition for distribution. The court reviews and approves the plan. Remaining assets distribute to heirs or beneficiaries in accordance with the will or intestacy statutes under WV Code §44-1-16.
Helpful Hints
- Compile a full list of assets and liabilities early.
- File all notices and inventories within statutory deadlines.
- Keep detailed records of every payment and filing.
- Monitor the local newspaper for published creditor notices.
- Consult a probate attorney for complex or high-value estates.
- Review West Virginia Code Chapter 44 to ensure compliance.