Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies in West Virginia, the court appoints a personal representative (PR) to manage and distribute the decedent’s estate. West Virginia follows the Uniform Probate Code in Chapter 44A of the West Virginia Code. The PR owes a fiduciary duty to heirs and must keep them reasonably informed about administration. Below are the key duties and required disclosures under WV law:
1. Notice of Administration
Within 90 days after receiving letters of appointment, the PR must serve a Notice of Administration on all heirs, devisees, and creditors. This notice informs recipients that the estate is open, provides the PR’s contact information, and explains the deadline to object.
Statute: W.Va. Code §44A-3-304
2. Inventory of Estate Assets
The PR must prepare and file an inventory listing all estate assets and their estimated values. The PR then must serve a copy of the inventory on each heir and interested person.
Statute: W.Va. Code §44A-4A-404
3. Periodic and Final Accountings
The PR must keep accurate records of all receipts, disbursements and remaining assets. Periodic or interim accountings may be required, but a final accounting is mandatory before closing the estate. The PR must serve each accounting on heirs, allowing them to review transactions and object if they believe assets were mismanaged.
Statute: W.Va. Code §44A-4A-613
4. Notice of Significant Actions
Before selling, leasing or encumbering significant estate property, the PR must notify heirs and allow time for objections or alternative proposals. The PR must act in the best interest of the estate and all beneficiaries.
Statute: W.Va. Code §44A-4A-403
5. Petition for Settlement and Distribution
Once debts, taxes and expenses are paid, the PR files a petition for settlement and distribution. The petition details the proposed distribution plan. The PR must serve this petition on all heirs, giving them the opportunity to object or ask the court to modify the plan.
Statute: W.Va. Code §44A-4A-607
Helpful Hints
- Keep copies of all notices, inventories and accountings you receive.
- Review deadlines carefully—most objections must be filed within 60 days of notice.
- Ask the PR for clarification in writing if any document is unclear.
- Attend any hearing on settlements to protect your rights.
- Consult a probate attorney if you suspect mismanagement or want to contest a distribution.