Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under West Virginia law, an estate administrator (personal representative) must collect assets, pay valid debts and taxes, then distribute the remaining property to beneficiaries. The West Virginia Uniform Probate Code (UPC), found in Chapter 44A, governs timing and enforcement of distributions.
- Make a Written Demand. First, send a clear, dated demand letter to the administrator requesting your distributive share.
- Understand Timing Rules. W. Va. Code § 44A-3-1005 requires distribution of all net probate assets within one year of the administrator’s appointment unless the court approves a delay. See W. Va. Code § 44A-3-1005.
- File a Petition to Compel Distribution. If the administrator ignores your demand beyond the statutory period, you can petition the probate court for an order compelling distribution. You may request a citation to show cause under the UPC. The court can then order payment or schedule a hearing.
- Seek Removal for Cause. If the administrator improperly withholds assets, fails to account, or mismanages the estate, you can file a motion to remove them under W. Va. Code § 44A-3-704. See W. Va. Code § 44A-3-704.
When making a court filing, attach copies of the demand letter, any responses, and the estate’s inventory or accountings to support your petition.
Helpful Hints
- Review the estate’s inventory and creditor schedule before filing.
- Keep records of all written communications with the administrator.
- Check with the county probate clerk for local filing requirements.
- Consider mediation or informal settlement conferences to avoid litigation.
- Consult a qualified probate attorney to review complex estate issues.