Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under West Virginia law, the court appoints an administrator in intestate estates according to a strict order of priority. See W. Va. Code § 44-2-2. A surviving spouse has first priority, followed by children, grandchildren, parents, siblings, and more distant relatives.
If a higher-priority heir exists but is unable or unwilling to serve, the next person in line may petition for appointment. Grounds to bypass a higher-priority heir include:
- Refusal or failure to qualify within the statutory time frame.
- Disqualification due to felony conviction, incompetence, or nonresidence for at least 60 days. See W. Va. Code § 44-2-3.
- Conflict of interest or adverse claim against the estate.
To seek appointment when a higher-priority heir is present, follow these steps:
- Prepare a petition for letters of administration identifying all known heirs and your claimed position in the priority list.
- Serve notice on all heirs. If a higher-priority heir does not respond or qualifies, inform the clerk to treat their nonresponse as a refusal.
- File evidence of any disqualification (for example, a criminal record or proof of incapacity).
- Attend the hearing. Present proof that the higher-priority heir refused, failed to qualify, or is disqualified.
- If the court finds valid grounds, it will appoint you as administrator with the usual duties: gathering assets, paying debts, filing an inventory, and distributing the estate under W. Va. Code § 44-2-1.
Helpful Hints
- Check the exact deadline for filing a petition in the county where the decedent lived.
- Obtain certified copies of any documents showing heir disqualification before the hearing.
- Confirm all heirs’ addresses to ensure proper notice under West Virginia Rule of Civil Procedure 4.
- Be ready to post bond unless all heirs agree to waive the bond requirement.
- Consult probate court clerks for local procedures and filing fees.