Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under West Virginia law, only an appointed personal representative (executor or administrator) may legally access and withdraw funds from a deceased person’s bank account during probate. The process involves several key steps:
- File for probate and appointment: A surviving spouse or heir must file a petition in the Probate Division of the county circuit court to open probate. Under W. Va. Code §44-2-6, the court appoints a personal representative after validating the will (if one exists) or treating the estate as intestate.
- Obtain letters of administration or testamentary: Once appointed, the clerk issues certified letters of administration (no will) or testamentary (with will) per W. Va. Code §44-2-3. These letters serve as legal authority to act on behalf of the estate.
- Post bond (if required): The court may require a surety bond to protect the estate from mismanagement. Exceptions apply for small estates or if waived by will.
- Inventory and appraisal: The personal representative must inventory the decedent’s assets, including bank accounts, and file the inventory with the court.
- Present documents to the bank: To access the account, present the certified letters, court order (if requested), and a death certificate. Banks generally require these originals or certified copies.
- Pay debts and expenses: Before distributing funds, the personal representative must pay the decedent’s valid debts, funeral costs, and administrative expenses per W. Va. Code §44-2-20.
- Distribute remaining funds: After debts are cleared, the remaining balance distributes to beneficiaries under the will or intestacy laws.
Small Estate Procedure: If the total probate assets, including bank accounts, do not exceed $20,000, heirs may use a small estate affidavit instead of formal probate. Under W. Va. Code §44-2-17, an heir can file an affidavit with the court or present it directly to the bank, along with a death certificate, to access funds.
Helpful Hints
- Gather multiple death certificates; banks often require more than one original.
- Keep detailed records of all estate transactions and communications with creditors.
- Consult the bank’s estate department early to confirm its document requirements and any additional forms.
- Review the decedent’s will before filing to check for executor appointments or bond waivers.
- Seek professional guidance if estate assets exceed small estate thresholds or if disputes arise.