When a loved one passes away, finding and authenticating their original will and any codicils is essential before initiating probate in West Virginia. Missing or unverified documents can delay estate administration and increase the risk of disputes.
Detailed Answer
1. Search the Decedent’s Personal Records
Begin by reviewing the decedent’s home files, safety deposit box, financial statements and digital accounts. Testators sometimes keep original wills alongside deeds or insurance policies in a secure location.
2. Contact the Decedent’s Attorney or Financial Institution
If the deceased used an attorney for estate planning, the law office may hold the original will or codicils. Likewise, banks often store documents in safe deposit boxes. In West Virginia, accessing a sealed safe deposit box typically requires a court order.
3. Inquire with the County Clerk
Some West Virginia counties allow testators to deposit their original wills with the County Clerk. Contact the Probate Clerk in the county where the decedent last lived to ask whether a will is on file. Once you present a certified death certificate and photo ID, you can request an exemplified copy under West Virginia Code Chapter 41, Article 5: WV Code Chapter 41, Article 5.
4. Confirm Formal Execution Requirements
Under West Virginia Code §41-1-3, a valid will must be signed by the testator in the presence of two competent witnesses who also sign in each other’s presence and that of the testator. Any codicil must meet the same formalities: WV Code §41-1-3.
5. Prove a Lost or Destroyed Will
If the original will cannot be located, West Virginia allows the admission of secondary evidence such as photocopies, drafts or witness testimony. The probate court requires clear and convincing proof of the will’s contents and that the document was not revoked. See WV Code §41-5-3 for lost or destroyed wills.
Helpful Hints
- Start your search immediately to avoid probate delays.
- Keep a written log of all people and places you’ve checked.
- Obtain certified copies of death certificates in advance.
- Survey digital storage (email, cloud drives) for scanned documents.
- Gather affidavits from witnesses who observed the signing.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed West Virginia probate attorney for guidance on your specific situation.