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How West Virginia treats out-of-state wills

West Virginia will generally recognize and probate a will that was validly executed under the law of the place where it was signed. To see the controlling statutes and related probate rules, consult the West Virginia Code online: https://www.wvlegislature.gov/WVcode/. The county clerk or probate court follows state probate procedures to admit the foreign-executed will if it meets statutory requirements.

Two common scenarios and expected timing

1) Domiciliary probate (decedent was domiciled in West Virginia)

If the decedent lived in West Virginia at death, you file the original will and a petition for probate in the county where they lived. Typical timing when the will is clear and uncontested:

• Filing and initial clerk review: a few days to a couple of weeks.
• Appointment of the personal representative (executor): often 2–6 weeks after filing if no objections and paperwork is in order.
• Administration and final distribution: depends on estate complexity — from a few months for small simple estates to a year or more if there are debts, taxes, or disputes.

2) Ancillary probate (decedent domiciled out-of-state but owned property in West Virginia)

If the decedent lived in another state but owned real estate, bank accounts, or other assets in West Virginia, the will typically must be admitted to ancillary probate in West Virginia to transfer or sell those WV assets. Ancillary probate is usually narrower in scope and can be faster:

• Uncontested ancillary admissions with a self-proved will: often completed in a few weeks to a couple of months.
• If the will isn’t self-proved or witnesses are unavailable: expect additional time to gather affidavits, organize proof of execution, or hold a formal hearing — possibly several months.

Factors that lengthen the timeline

• Will is not self-proved or original will cannot be located.
• Missing or unavailable witnesses who witnessed the will signing.
• Heirs or beneficiaries contest authenticity, capacity, or undue influence.
• Significant creditors, tax issues, or complex asset portfolios (business interests, out-of-state real property, retirement accounts).
• Need for an ancillary probate in multiple states.
• Backlogs in the county clerk’s office or need for formal (contested) probate hearings.

Typical steps to get an out-of-state will admitted in West Virginia

1. Locate the original will and obtain the certified death certificate.
2. Determine whether probate is domiciliary (decedent lived in WV) or ancillary (decedent lived elsewhere but owned WV property).
3. File a petition to admit the will and, where required, a petition for appointment of a personal representative with the appropriate county clerk/probate court.
4. Provide statutory notice to heirs and known creditors as required by West Virginia procedures.
5. If required, supply proof the will was valid where executed (self-proving affidavit, witness affidavits, certified copies, or foreign probate letters).
6. Court admits the will and issues letters testamentary or ancillary letters; the representative gathers assets, pays debts/claims, and distributes property.

Where to check the rules and statutes

Look up West Virginia probate statutes and local probate procedures at the West Virginia Legislature website: https://www.wvlegislature.gov/WVcode/. Search the code for terms like “will,” “probate,” or “personal representative.” For practical filing steps and local forms, check the county clerk’s office or probate court website where you will file.

Helpful Hints

• Bring the original will and multiple certified death certificates when you file; courts typically require the original document.
• If the will is notarized and contains a self-proving affidavit, admission is usually faster—ask the clerk how to submit that affidavit.
• If the decedent lived out of state, start by confirming whether you need domiciliary or ancillary probate in the West Virginia county where the property is located.
• If witnesses are unavailable, collect affidavits from persons with direct knowledge about execution, and be prepared for potential hearings.
• Notify likely heirs early to reduce surprise contests; open communication can shorten disputes and delays.
• Consider hiring a West Virginia probate attorney if the estate is complex or if any party threatens to contest the will — an attorney can often shorten delays and avoid costly mistakes.
• Keep records of all filings, notices, inventories, and communications. Courts expect documentation during administration.