Detailed Answer
Under West Virginia law, a surviving spouse and minor children may claim a year’s allowance—an amount of personal property set aside for their support for one year after the decedent’s death. The personal representative must prepare an inventory of all estate assets, including personal property, and must identify items designated as part of the year’s allowance.
1. Understanding the Year’s Allowance
West Virginia Code §44-2-3 defines the year’s allowance as household furniture, provisions, and other personal property from the decedent’s estate reserved for the surviving spouse and minor children. These items supplement the surviving family’s needs while the estate remains open. See WV Code §44-2-3.
2. Inventory Requirement
The personal representative has 30 days from appointment to file an inventory of the decedent’s assets with the court. This inventory must list every asset, including real estate, bank accounts, investments, and personal property. Personal property includes furniture, appliances, clothing, jewelry, vehicles and other movable items. See WV Code §44-1A-801 (Inventory and Appraisement under the West Virginia Uniform Probate Code).
3. Listing Personal Property for the Allowance
- Identify household items: List furnishings, appliances, linens and other personal effects.
- Quantify provisions: Note any food supplies or consumables still on hand at the decedent’s residence.
- Value accurately: Provide a reasonable estimate of each item’s fair market value at the date of death.
Once the full inventory is filed, the personal representative sets aside the items comprising the year’s allowance for the family’s use. If the designated items exceed the statutory allowance value, the family may select up to the permitted amount; excess items return to the general estate.
4. Exemptions and Special Rules
Certain items, such as life insurance proceeds payable to a named beneficiary, do not form part of the probate estate and are not listed in the inventory or the year’s allowance. Also, jointly owned property may pass outside probate, so confirm whether it requires listing.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice on your specific situation, consult a qualified attorney.
Helpful Hints
- Begin compiling an inventory immediately to meet the 30-day deadline.
- Use photographs and written descriptions to support estimated values.
- Consult the local probate clerk for the required inventory form and filing procedure.
- Keep detailed receipts if you purchase storage or change locks to protect estate property.
- Review beneficiary designations on nonprobate assets to confirm what must appear in the inventory.