Disclaimer: This article provides general information about estate administration under West Virginia law. It does not constitute legal advice. Consult an attorney for guidance specific to your situation.
Detailed Answer
Primary Probate in West Virginia
Under West Virginia law, you file the original probate proceeding in the county where the decedent was domiciled at the time of death. See W. Va. Code § 44-2-5 for venue requirements. This probate produces letters testamentary or letters of administration.
Real Estate in Multiple West Virginia Counties
After receiving letters, record exemplified letters in each county where the decedent owned real property. Recording ensures title transfer and payment of property taxes. Each county clerk’s office will record the letters and issue certificates for property management.
Ancillary Probate for Out-of-State Real Property
If the decedent owned real estate outside West Virginia, you generally must obtain ancillary letters in that jurisdiction. Obtain a certified copy of the West Virginia letters and file in the county or state where the property is located. See W. Va. Code § 44-2-23 on administering foreign real estate.
Administering Personal Property Across Jurisdictions
For personal property—such as bank accounts, securities, or vehicles—check each institution’s rules. Many banks allow payment from out-of-state estates with a certified probate certificate. Vehicles or titles may require filing letters with the local DMV. Stock and bond transfers often need an affidavit of heirship plus letters.
Coordination and Practical Steps
Create a centralized inventory listing each asset, its location, and the required filings. Work with local attorneys or clerks in each jurisdiction to understand fees, timelines, and process nuances. Consolidating routine tasks—like ordering multiple certified letters at once—saves time and cost.
Helpful Hints
- Start with a full asset list and verify locations.
- Order extra certified copies of letters at the initial probate.
- Maintain clear records of all filings and recordings.
- Contact local court clerks early to confirm procedures.
- Consider hiring an attorney in jurisdictions with complex rules.