Detailed Answer

When heirs own real property jointly through an estate, valuing that property usually requires an appraisal. Whether the heir who paid for a recent appraisal can force the other co‑heir to reimburse that cost before completing a buyout depends on three things: (1) any prior agreement between the heirs, (2) whether the appraisal was obtained by the personal representative (executor/administrator) as an estate expense, and (3) whether a West Virginia court is asked to allocate costs.

1) Agreements between heirs: The simplest path is a written agreement. If both heirs agreed ahead of time that appraisal costs would be split (or that the buyer would advance costs and be reimbursed), the agreement controls. Put the allocation in writing and show how the cost affects the buyout price (for example, deduct the paying heir’s share of appraisal fees from the buyer’s net payment). A signed written agreement is enforceable in court as a contract.

2) Appraisal paid by the personal representative or charged to the estate: If the appraisal was ordered by the personal representative (executor or administrator) as part of estate administration, the cost is typically treated as an estate expense. Under West Virginia probate practice, reasonable expenses of administration are paid from estate assets before distribution. Check the probate court records or ask the personal representative to treat the appraisal fee as an estate expense; if that happens, surviving heirs do not usually have to reimburse the person who advanced payment out of pocket. For general information about probate practice in West Virginia, see the West Virginia Judiciary probate pages: https://www.courtswv.gov/legal-community/probate/index.html.

3) No agreement and private appraisal: If one co‑heir hired and paid for an appraisal privately (not through the estate) and there is no agreement, you usually cannot unilaterally force the other heir to reimburse you before closing a buyout unless a court orders reimbursement. Courts can allocate costs in a partition or accounting action, but they generally balance fairness and reasonableness. In many cases the judge will divide necessary costs fairly between co‑owners (for example, splitting an appraisal fee pro rata by ownership share). If the buyer received the appraisal to support an offer to purchase, a court might find that the appraisal benefited both parties and order the cost shared.

4) Practical enforcement options:

• Negotiate an adjustment: The practical and common solution is to adjust the buyout price. For example, if the appraisal cost $600 and the heirs split ownership equally, reduce the buyer’s payment by $300 (the buyer already paid that share), or require the seller to refund $300 at closing. This avoids court and keeps the transaction quick.
• Use escrow or closing instructions: Put the reimbursement condition into the closing instructions or escrow agreement. The title company or closing agent can allocate funds so the appraisal fee is charged to the estate or split as agreed before distributing proceeds.
• Ask the probate court to allocate costs: If heirs cannot agree, file a petition in the decedent’s probate matter asking the court to determine whether the appraisal fee is an estate expense or how it should be split. The probate court has authority over estate accounting and may order reimbursement if it finds it equitable. See West Virginia statutes governing probate administration (Title 44): https://www.wvlegislature.gov/WVCODE/Browse/Code.cfm?title=44.
• File a partition action: If one heir refuses a buyout and wants the property divided, a partition action in circuit court can force sale or physical division. In that proceeding, the court can address who should bear appraisal and other costs. Information about West Virginia courts is available at: https://www.courtswv.gov.

5) Timing and proof: If you expect reimbursement, document everything. Keep the paid invoice from the appraiser, a copy of the appraisal report, communications with the co‑heir, and any written agreements. If you plan to deduct the cost from buyout funds at closing, provide the closing agent with a signed allocation agreement or court order to avoid disputes at settlement.

Bottom line: You cannot usually unilaterally compel reimbursement unless the co‑heir agreed, the appraisal was an estate expense handled by the personal representative, or a court orders reimbursement. The quickest resolution is a written agreement allocating the fee or an adjustment at closing. When heirs cannot agree, seek relief from the probate or circuit court.

Helpful Hints

• Get agreements in writing. A short signed document allocating appraisal costs avoids later disputes.
• Ask the personal representative to order appraisals through the estate so costs read as estate expenses and get paid from estate funds.
• If you paid for an appraisal privately, consider deducting your fair share from the buyout amount rather than demanding reimbursement outright.
• Use escrow/closing instructions to enforce any cost allocation at the time title transfers.
• Document the benefit. If the appraisal helped set fair market value for both parties, note that in communications—courts weigh who benefited when allocating costs.
• When in doubt, get a short consultation with a probate attorney to draft an agreement or draft a petition for the court. The West Virginia probate rules and statutes (Title 44) govern estate administration and creditor/expense priorities: https://www.wvlegislature.gov/WVCODE/Browse/Code.cfm?title=44.