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Detailed answer

Yes — in many situations you can be appointed the personal representative (sometimes called an executor or administrator) of your sister’s estate in West Virginia. Whether you will be appointed depends on a few facts: whether your sister left a valid will naming someone, whether anyone with higher legal priority objects, and whether the probate court finds you qualified.

West Virginia handles estate administration through its probate rules and the state statutes in W. Va. Code Title 44 (Wills and Succession). See W. Va. Code Title 44: https://code.wvlegislature.gov/title/44/.

How appointment normally works

1) If there is a valid will that names an executor: the probate court usually gives appointment to the person named in the will unless that person is disqualified, unwilling, or removed. If the named executor cannot or will not serve, the court can appoint someone else (often a family member such as a sister) as personal representative.

2) If there is no will (intestate): the court appoints an administrator. West Virginia follows a priority system when appointing an administrator. Surviving spouse and children typically have first priority. If no one with higher priority is available or willing, a sibling can be appointed. The court will consider petitions from eligible persons and may appoint a sibling if appropriate.

Qualifications and disqualifying issues

Common qualifications and reasons a court might refuse appointment include:

• Age and capacity: you generally must be an adult and mentally competent to serve.
• Criminal history: certain convictions or ongoing criminal matters may disqualify a person or make the court reluctant to appoint them.
• Conflict of interest: substantial conflicts (e.g., being under court supervision or having a severe dispute that would impede administration) can weigh against appointment.
• Bond and financial responsibility: the court may require a fiduciary bond (insurance that protects estate creditors and heirs) unless the will waives bond or the court dispenses with it.

What the process looks like in practice

Typical steps to be appointed as personal representative in West Virginia:

1. Locate the original will (if any) and obtain certified copies of the death certificate.
2. File a petition for probate (if there is a will) or for appointment of an administrator (if there is no will) at the circuit court in the county where your sister lived. West Virginia circuit courts handle probate business; general court information is at https://www.courtswv.gov.
3. Provide notice to heirs and interested parties as required by the court.
4. The court reviews petitions, any objections, and whether you meet statutory qualifications. The court may schedule a hearing if necessary.
5. If the court approves, it issues letters testamentary (if there is a will) or letters of administration (if intestate). Those letters give you legal authority to collect assets, pay debts, and distribute the estate.

Common issues and contested situations

Potential complications include competing petitions from other relatives, objections to your fitness, creditor claims, and disputes over whether a will is valid. If someone objects, the court may hold a hearing and evaluate evidence before deciding. In contested matters, many people hire an attorney to present testimony, documents, and legal arguments.

When to consider hiring a lawyer

Consider getting legal help if:

• There is a dispute among heirs or competing petitions.
• The estate is large, complex, or has business interests or real property across states.
• There are creditor claims, tax issues, or suspected misconduct.
• You want help preparing petitions, inventories, notices, and final accountings to meet court deadlines.

How siblings inherit if there is no will (brief overview)

If your sister died without a will, West Virginia’s intestacy rules (found in Title 44) set who inherits. If there is no spouse or children, siblings may inherit. That eligibility also affects priority for appointment as administrator.