Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
1. Prepare and File the Probate Petition
Begin by filing a petition for probate with the Circuit Clerk in the county where the decedent resided. Include the original will (if one exists), a certified death certificate, and the required filing fee. See West Virginia Code §44-1-27 for fee schedules (W. Va. Code §44-1-27).
2. Attend the Probate Hearing and Obtain Letters of Appointment
The court will schedule a hearing on your petition. At this hearing, the judge reviews the petition, validates the will (if any), and appoints a personal representative (executor or administrator). Once appointed, the personal representative receives Letters of Appointment (also called Letters Testamentary or Letters of Administration), which authorize them to act on behalf of the estate.
3. Inventory Estate Assets
Within two months of appointment, file an inventory of the decedent’s assets and their estimated value with the court. Accurate asset listing helps in determining which creditors to notify and the estate’s solvency.
4. Mail Notice to Known Creditors
Within three months of your appointment, mail written notice to all known or reasonably ascertainable creditors. Include the date by which they must file a claim. This mailing satisfies the personal notice requirement under West Virginia Code §44-2-14 (W. Va. Code §44-2-14).
5. Publish Creditor Notice in a Newspaper
Publish a notice to unknown creditors once a week for at least four consecutive weeks in a newspaper of general circulation in the county where probate is pending. The notice must state the deadline for submitting claims (typically six months from the date of first publication). This publication requirement is set by W. Va. Code §44-2-14 (W. Va. Code §44-2-14).
6. File Proof of Service and Publication
After completing mailings and publications, file an affidavit of service for mailed notices and an affidavit of publication from the newspaper with the circuit clerk. Proof must be filed within 30 days after the last publication date to preserve the estate’s right to object to late claims.
7. Review and Resolve Claims
Creditors must file valid claims by the deadline specified in the notices. Review each claim promptly. You may approve, negotiate, or contest claims. Disallow any claim that is incomplete or filed late. The court may schedule hearings on disputed claims.
Helpful Hints
- Check local circuit court rules for specific filing forms and fees.
- Select a newspaper that meets statutory circulation requirements in your county.
- Track deadlines on a calendar to avoid missing publication or claim deadlines.
- Retain copies of all filed documents, affidavits, and receipts.
- Consider consulting a probate attorney if the estate is complex or if creditor disputes arise.