Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
1. Identification of Real Property
When a person dies without a will in West Virginia, the personal representative (PR) begins by locating all deeds, titles and tax records. The PR searches county land records for parcels owned by the decedent. They confirm ownership through recorder of deeds offices. If the decedent held property jointly with right of survivorship, that interest passes automatically to the surviving co-owner and is not part of the intestate estate.
2. Identification of Personal Assets
The PR must compile a list of all tangible and intangible personal property. Common assets include:
- Bank and brokerage accounts
- Stocks and bonds
- Vehicles, boats and aircraft
- Household items, jewelry and collectibles
- Life insurance proceeds (if payable to the estate)
- Retirement plans without payable-on-death designations
3. Inventory and Appraisal Process
Under W. Va. Code §41-1-23, the PR must file a complete inventory with the probate court within 90 days of appointment. This inventory lists each asset’s fair market value as of the date of death. The court may require professional appraisals for real estate and valuable personal items. The inventory becomes part of the public record and ensures transparency among heirs.
Link: W. Va. Code §41-1-23
4. Distribution Under Intestacy
West Virginia’s intestate succession law appears in W. Va. Code §41-1-3 et seq. Distribution depends on surviving relatives:
- Spouse only: The spouse inherits the entire intestate estate.
- Spouse and children: The spouse receives one-half of the intestate estate; the children split the other half equally.
- No spouse, children but parents: The estate goes equally to surviving parents.
- No spouse, children or parents: The estate passes to siblings and their descendants.
- No heirs under the statute: The estate escheats to the State of West Virginia.
Link: W. Va. Code §41-1-3
Helpful Hints
- Gather original deeds, titles and account statements early.
- Maintain a secure, organized file of all estate documents.
- Obtain professional appraisals for high-value real and personal property.
- File the inventory on time to avoid court sanctions.
- Communicate regularly with heirs to mitigate disputes.
- Consider consulting a probate attorney to streamline the process.