Detailed Answer
Under West Virginia law, you generally must file a certified death certificate to open probate. WV Code §44-1-2 requires an authenticated copy of the decedent’s death certificate when you petition the circuit court to admit a will or appoint an administrator. The clerk will not accept an obituary alone as proof of death.
If the official death certificate is delayed, you can request a delayed certificate under WV Code §16-5-11. To support a delayed registration, the Office of Vital Statistics accepts secondary evidence, such as a newspaper obituary, hospital records, or affidavits from attending physicians. Once you obtain the delayed certificate, you may submit it to the probate clerk.
In urgent situations, some counties allow you to file an affidavit or provisional petition to protect estate assets or pay critical bills. However, court rules vary by county. Always check with the local circuit court clerk for specific requirements and allowable temporary measures.
Helpful Hints
- Request the certified death certificate immediately from the local health department.
- If the certificate is delayed, file for a delayed registration under WV Code §16-5-11.
- Gather supporting documents: obituary clippings, hospital records or affidavits from medical professionals.
- Check with the county’s circuit court clerk about filing a provisional petition or affidavit.
- Consult an attorney for complex estates or unusual circumstances.
Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a licensed attorney to address your specific situation.