Detailed Answer
Preparing key documents and information before a loved one passes can streamline the probate process, reduce costs and avoid delays in West Virginia. Under West Virginia Code §42-3-1 (https://code.wvlegislature.gov/42-3-1/), a personal representative must file an original will (if one exists), a death certificate and an inventory of assets. Having these materials organized in advance speeds up filings with the probate court and clarifies the decedent’s wishes.
1. Original Will and Related Estate Planning Documents
- Locate the original signed will (WV Code §42-1-1 defines a valid will).
- Gather any codicils or amendments to the will.
- Include trusts, powers of attorney (financial and medical) and advance directives.
- Note the executor’s name and contact information as designated in those documents.
2. Asset Documentation
- Real estate deeds and titles, property tax statements.
- Bank and brokerage account statements, including online login credentials.
- Retirement account summaries, pension paperwork and Social Security statements.
- Life insurance policies and annuity contracts with beneficiary designations.
- Business ownership records, partnership agreements and corporate documents.
- Vehicle titles, safe deposit box inventory and digital asset listings (email, social media, cryptocurrency).
3. Liability and Expense Records
- Mortgage, loan and credit card statements.
- Medical bills and outstanding tax obligations.
- Funeral home contracts and prepaid burial or cremation instructions.
4. Beneficiary Information
- Updated beneficiary designations for life insurance, IRAs, 401(k)s and payable-on-death accounts.
- Contact details for key family members and alternate beneficiaries.
5. Personal Inventory
- List of valuables such as jewelry, heirlooms, artwork and collectibles.
- Descriptions, appraisals and photographs when possible.
Helpful Hints
- Review and update documents annually or after major life changes.
- Create a secure, centralized location for all estate documents and share it with your executor.
- Store original wills and deeds in a safe or with a trusted attorney.
- Maintain a digital backup of all records, protected by strong passwords.
- Discuss your plan openly with family and your chosen personal representative.
- Consider small-estate procedures if the estate total falls below the WV threshold to avoid full probate.
- Consult a qualified West Virginia attorney to tailor your plan to state law and court requirements.
Disclaimer: This article provides general information and is not legal advice. Always consult a qualified attorney licensed in West Virginia to address your specific situation.