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
In West Virginia, the person holding the original will must deliver it to the Clerk of the County Commission in the county where the decedent resided. Under W. Va. Code § 41-1-6, any custodian of the decedent’s will must deposit the original within 30 days of the testator’s death. This ensures the will is available for probate administration.
Steps to Obtain the Original Will or Filed Copy:
- Identify the custodian. The original may be with the decedent’s attorney, in a safe deposit box, or held by a family member.
- Request delivery in writing. Send a certified letter or email to the custodian asking for the original will, noting the decedent’s name and date of death.
- If the will is already on file, request a certified copy from the Clerk’s Office. Provide the decedent’s full name, date of death, and a small fee (varies by county).
Submitting the Will for Probate:
- File a Probate Petition. Complete and file a petition for probate with the Clerk of the County Commission in the decedent’s home county.
- Attach the original will. Attach the original will (or certified copy, if the original is lost and already filed) to the petition.
- Serve Notice. Serve notice on beneficiaries and heirs as required by W. Va. Code § 41-1-7.
- Attend the Hearing. Appear at the scheduling hearing. The court will examine the original will and admit it to probate.
If the original will is lost or destroyed, you may file a petition to prove a lost will under W. Va. Code § 41-1-3. You must submit a copy of the will and offer evidence (such as witness testimony) of its contents and proper execution.
Helpful Hints
- Locate safe deposit box keys and obtain permission from the bank before contacting the custodian.
- Keep copies of all correspondence and proof of delivery when requesting the original will.
- Verify county-specific fees and procedures on the County Commission’s website.
- File within 30 days of death to avoid potential penalties under W. Va. Code § 41-1-6.
- If the original will is unavailable, act quickly to initiate a lost will proceeding to preserve testator intent.
- Retain a photocopy of the will for your records once you obtain the original.