Securing, Documenting, and Protecting a Deceased Person’s Home in West Virginia

Short answer: Act quickly to secure the property, document everything, notify interested parties in writing, and file for appointment as administrator (or ask the court for temporary possession) so the court can issue enforceable orders that stop others from removing items. If a sibling takes property, preserve evidence and contact law enforcement and the probate court. This article explains practical steps under West Virginia law to protect the estate before you are formally appointed.

Disclaimer

This information is educational only and not legal advice. For guidance specific to your situation, consult a West Virginia attorney who handles probate and estate administration.

Why acting now matters

Before the personal representative (administrator or executor) is appointed by the probate court, the estate has no person with court-authorized control. That gap can invite disputes or removal of property. West Virginia probate law governs appointment and duties of administrators and requires court supervision of estate assets. For the statute framework on wills, administration, and probate, see West Virginia Code, Title 44: https://code.wvlegislature.gov/44/.

Immediate practical steps (first 24–72 hours)

1. Secure the premises. If you have lawful access, change or rekey exterior locks and limit keys to one or two trusted people. If you cannot access the house lawfully (for example, another family member lives there), do not force entry. Instead, document the condition and contact the probate court for temporary relief.
2. Lock up high-value items and documents. Place jewelry, original wills, titles, bank statements, passports, firearms, and other valuables in a locked safe or sealed container. If the decedent held a safe-deposit box, do not open it until you have legal authority; check bank procedures and the court’s guidance.
3. Use photos and video to inventory. Do a systematic walk-through with time-stamped photos or video recording. Narrate what you are filming (room name, date, and location) and photograph serial numbers on electronics and valuables. Keep copies of the media offsite or in cloud storage.
4. Create a written inventory. List rooms and contents, noting condition and estimated value. Keep the list factual and avoid value disputes—note “approximate” if uncertain.
5. Collect important documents. Secure the decedent’s will (if found), deeds, vehicle titles, insurance policies, and financial account statements. If you find a will, do not destroy it. Deliver it to the probate court with your probate filing or a lawyer.
6. Limit access. Ask siblings and other relatives not to remove or sell items pending appointment. Send a short written notice (email or certified letter) stating you are arranging for estate administration and asking that no property be removed. Keep copies of all messages.

How to prevent siblings from removing items before appointment

• Give written notice to family: A calm, dated written request that asks everyone to preserve the estate and avoid moving or disposing of items helps later if actions are disputed. Save proof of delivery.
• File an emergency petition in probate court: Ask the court for immediate temporary orders—for example, appointment of a temporary administrator, an order that preserves the property, or an injunction against removal. The court can issue orders enforceable by the sheriff.
• Request the court to authorize possession pending formal appointment: When filing for administration, request interim possession or that the sheriff secure the property until letters are issued.
• Contact local law enforcement if items are taken: If a sibling or other person steals property, file a police report and provide your inventory, photos, and written notices. Theft from an estate can be a criminal matter and is also relevant to the probate court.
• Consider civil remedies: After appointment, the administrator can seek recovery of removed items, damages, and sanctions through the probate court. The court can hold people in contempt for violating court orders.

Filing for administration in West Virginia

To obtain authority over estate property you must petition the county probate court to be appointed administrator (if there is no named executor) or to probate a will. The probate court issues letters of administration or letters testamentary that give legal authority to collect, protect, and distribute estate assets under court supervision. See West Virginia Code, Title 44 for statutes governing appointment and duties: https://code.wvlegislature.gov/44/.

What to ask the court when you file

• Appointment as administrator or appointment of a temporary administrator pending full administration.
• An order directing who may remain in possession of the home and whether locks must be changed or access limited.
• An order requiring parties to preserve the property and prohibiting removal, sale, or transfer of estate items.
• Instructions about inventory filing deadlines and any bond requirements for the administrator.

Inventory and account duties after appointment

Once appointed, the administrator must inventory estate assets, collect debts owed to the estate, pay valid debts and taxes, and distribute property per the will or intestacy rules. West Virginia’s probate statutes and local court rules set timing and format for inventories and accounts. For statute guidance, review Title 44: https://code.wvlegislature.gov/44/. Your probate clerk can provide local forms and deadlines.

What to do if a sibling already removed items

1. Preserve evidence: photos, witness names, texts, emails, and receipts showing items were taken.
2. File a police report for theft or conversion if appropriate.
3. Inform the probate court and include the loss in your petition for administration.
4. Ask the court, once you are administrator, to enter an order requiring return of property or awarding damages and to impose sanctions for willful misconduct.

Practical notes and limits

• If you do not live locally, use a trusted local person to secure the property and document condition. Keep careful proof of authorization and expenses.
• A landlord or tenant situation may require different steps—consult a lawyer or the court.
• Do not destroy or hide a will; that could lead to criminal penalties.
• Changing locks is acceptable if you have lawful access and you document changes; if someone has a legal right to possession, changing locks could expose you to claims. Ask the court for a clear order if possible.

When to hire an attorney

Hire a probate attorney if any of the following apply: family members are removing property, you need emergency court orders, the estate is complex (real estate, businesses, tax issues), or you want help preparing court filings and inventories. An attorney can file emergency motions and, if necessary, pursue criminal referrals or civil recovery.

Helpful links

• West Virginia Code, Title 44 — Wills, Administration, and Probate: https://code.wvlegislature.gov/44/
• West Virginia Judiciary (court information and clerk contacts): https://www.courtswv.gov/

Helpful Hints

• Act quickly but calmly. Immediate documentation wins later disputes.
• Keep copies of everything—photos, inventories, emails, and certified letters.
• Use neutral witnesses during inventory if possible; ask a neighbor to observe key steps.
• Do not make unilateral distributions of items without court authority.
• Ask the probate clerk for local forms and timelines before filing.
• If in doubt, get an attorney’s short consultation to draft emergency paperwork or a preservation letter.

If you want, tell me whether a will was found, who currently occupies the house, and whether any items have already been removed. I can outline the specific filings you might make in your county probate court.