Detailed Answer
When a person dies without a will (intestate) in West Virginia, the probate court must appoint an administrator to collect the decedent’s assets, pay debts, and distribute what remains under West Virginia’s intestacy rules. The court follows statutory priorities and local probate procedures when choosing who will serve.
Who has priority to be appointed?
West Virginia law gives preference to certain family members and interested persons when appointing an administrator. Generally, the order is: surviving spouse, then children, then other next of kin (such as parents or siblings), and then more remote relatives or creditors if no closer relative is available or willing. The probate court will consult the statutory framework in Chapter 44 of the West Virginia Code when making the appointment. See West Virginia Code, Chapter 44 (Decedents’ Estates): https://code.wvlegislature.gov/44/.
How do you qualify as an administrator in West Virginia?
To qualify you typically must:
- Be an adult of sound mind.
- Be willing to act and able to perform the duties (the court may decline to appoint someone with conflicts or a history of dishonesty).
- Be legally competent under state law (no active disqualifying felony or similar restrictions set by the court).
If you are a sibling and there is no surviving spouse, no surviving children, and no closer next of kin available or willing to serve, you are generally a proper person for the court to appoint as administrator. The court will review the family relationships and any competing petitions.
Typical steps to be appointed administrator
- Locate and contact the local probate or surrogate court in the county where the decedent resided.
- Prepare and file a petition for letters of administration (sometimes called a petition for appointment of administrator). The petition asks the court to appoint you and to issue letters of administration that give you legal authority to act.
- Provide the court with the decedent’s death certificate and any information about heirs and assets.
- Notify interested parties. The court will require notice to heirs and sometimes a public notice to creditors.
- Post bond if required. Courts commonly require an administrator to post a bond to protect the estate; heirs can sometimes waive bond in writing.
- Attend the appointment hearing. If no valid objections exist, the court will issue letters of administration and you become the estate’s authorized fiduciary.
Key duties after appointment
Once appointed, an administrator must:
- Take possession of estate property and secure assets.
- Give notice to creditors and file claims as required by statute and local court rules.
- Collect assets, pay valid debts and taxes, and keep accurate records.
- Prepare inventories and periodic accounting for the court if required.
- Distribute remaining property according to West Virginia’s intestacy rules (found in Chapter 44) after debts and expenses are paid.
Bond, compensation, and contests
The court frequently requires a bond to protect the estate against mismanagement. The bond amount depends on estate value and whether heirs waive the requirement. Administrators are generally entitled to reasonable statutory or court-approved compensation for their work; the court will authorize payment. If another person objects to your appointment (for example, a closer relative files a competing petition), the court will hold a hearing to resolve the dispute.
When to hire an attorney
Probate can be straightforward, but estates with many assets, potential creditors, unclear heirs, or family disputes often benefit from legal counsel. An attorney can prepare the petition, advise about bond and creditor notices, handle tax matters, and represent you at any contested hearings.
Where to find West Virginia statutes and court forms
Review Chapter 44 of the West Virginia Code for statutory rules on decedents’ estates and administration: https://code.wvlegislature.gov/44/. For local forms and practice details, contact the county probate court or visit the county court website where the decedent lived.
Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed West Virginia attorney or contact the local probate court.
Helpful Hints
- Get multiple certified death certificates early — the court and many institutions will require them.
- Gather a list of assets (bank accounts, real estate, titles, safe deposit boxes) and debts before filing the petition.
- Call the probate court clerk and ask about local filing requirements and sample forms; clerks can usually explain procedural steps but cannot give legal advice.
- Ask heirs to sign a bond waiver if they trust you to serve; that can speed the appointment and reduce cost.
- Keep careful, dated records of all estate transactions and communications; you will likely need to provide an inventory and accounts to the court.
- If the estate is small, ask whether simplified procedures or a small-estate affidavit are available under state law to avoid full administration.
- Consider a free or low-cost initial consultation with a West Virginia probate attorney to confirm strategy and filing steps.