Title Transfer of an Inherited Home in West Virginia Without a Will

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in West Virginia for advice about your specific situation.

Detailed Answer

When a homeowner in West Virginia dies without a will (intestate), state law dictates how real property passes to heirs. West Virginia’s intestacy statutes (W. Va. Code § 42-1-1 et seq.; code.wvlegislature.gov/42-1-1) set the rules.

1. Open Probate in County Circuit Court

An interested person (often a spouse or child) files a petition for administration with the circuit court in the county where the decedent lived. The court issues letters of administration to the appointed personal representative. That person manages estate assets, including real property.

2. Identify and Notify Heirs

The personal representative must identify all heirs under intestacy. In West Virginia:

• If the decedent leaves a surviving spouse and children, the spouse receives one half of the estate and children share the other half equally.
• If there is no surviving spouse, all children share equally.
• If no spouse or descendants, other relatives inherit under the hierarchy in W. Va. Code § 42-1-1.

3. Appraise and Settle Estate Debts

The representative arranges an appraisal of the home’s fair market value. They then use estate funds to pay valid debts, taxes, and probate costs. Any balance becomes distributable property.

4. Distribute the Property or Proceeds

Once liabilities are settled, heirs decide how to handle the home:

• Transfer by Administrator’s Deed: The personal representative executes a deed transferring the property directly to the heirs in proportion to their inheritance share.
• Sale of Property: If heirs agree to sell, the representative lists and sells the home. Net proceeds distribute per intestacy shares.
• Partition Action: If heirs cannot agree on use or sale, any heir may file a partition action in circuit court to divide or sell the property and distribute proceeds.

After the deed is recorded in the county clerk’s office, title passes to the new owner(s). Heirs must timely file all required documents and pay recording fees.

Helpful Hints

• Gather death certificate, title records, and tax information early.
• Consult the circuit court clerk’s office for probate forms and fee schedules.
• Consider hiring a licensed surveyor if property boundaries are unclear.
• Keep all heirs informed and maintain written agreements to avoid disputes.
• Explore a family settlement agreement if heirs prefer an out-of-court resolution.