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Disclaimer: This article is for informational purposes only. It is not legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

Under West Virginia law, when a minor holds an interest in a probate estate, the circuit court must appoint a guardian of the estate or, in contested matters, a guardian ad litem to protect the minor’s rights. The key statute is W.Va. Code § 44-11-1 et seq., which governs guardianship of minors’ property.

1. File a Petition: An interested party (often the personal representative, heir, or creditor) files a petition in the probate court requesting appointment of a guardian of the estate for the minor. See W.Va. Code § 44-11-2.
2. Give Notice: Serve notice on the minor’s parents (if living), the minor (through a temporary guardian or pro se with court approval), and other parties. West Virginia Code § 44-11-3 requires at least 10 days’ advance notice before the hearing.
3. Attend the Hearing: At the hearing, the court confirms the minor’s interest exceeds $10,000 or finds a guardianship necessary to protect the property. The court also evaluates the proposed guardian’s qualifications and fitness. See W.Va. Code § 44-11-4.
4. Issue Order & Bond: The court enters an order appointing the guardian and sets a bond amount to secure the minor’s assets. The guardian must file the bond with the clerk. See W.Va. Code § 44-11-15.
5. Inventory & Manage Assets: The guardian files an inventory of the minor’s property and manages it prudently, in line with statutory requirements. The guardian must submit periodic accountings to the court. See W.Va. Code §§ 44-11-19 and 44-11-20.
6. Appoint a Guardian ad Litem (GAL): In adversarial or contested proceedings, the court may appoint a GAL under W. Va. R. Civ. P. 17(c). The GAL acts solely to advocate the minor’s best interests in litigation.
7. Terminate Guardianship: The guardianship ends when the minor turns 18 or the court orders early termination. At that point, the guardian distributes the remaining assets to the former ward. See W.Va. Code § 44-11-23.

Key Statute References:

• W.Va. Code § 44-11-1 et seq. (Guardianship of Minors’ Property)
• W. Va. R. Civ. P. 17(c) (Guardian ad Litem Appointment)

Helpful Hints

• Start the process early to avoid probate delays in distributing the minor’s share.
• Select a guardian with financial experience and a reputation for trustworthiness.
• Maintain clear records and file accountings on time to comply with court requirements.
• Consider a professional fiduciary if no suitable family member is available.
• Consult a probate attorney to navigate local court procedures and ensure compliance.