Detailed Answer

Short answer: In West Virginia you generally cannot rely on the typical “small estate” affidavit process to transfer or sell real estate, and you usually must obtain authority through probate (or another recorded ownership mechanism) before you can lawfully sell your mother’s house. Formal probate or a court order normally triggers the creditor-notice timeline. Under West Virginia probate law (see West Virginia Code Chapter 44), the creditor-notice and claim period that follows administration commonly runs for about three months after publication of notice, but the small-estate affidavit procedures are mainly designed for distribution of personal property, not for conveying title to real property. For the exact statutory language and administrative rules, see West Virginia Code Chapter 44: https://www.wvlegislature.gov/WVCODE/ChapterEntire.cfm?chapter=44.

Why this matters: Most small‑estate or affidavit processes let an heir collect bank accounts, personal effects, and other personal property when the total estate falls under a statutory dollar threshold. Those procedures rarely transfer real property title. If the house is titled solely in the decedent’s name, a buyer (or a title company) will usually require proof that the person selling the house has legal authority to do so—typically letters of administration, letters testamentary, or a court order confirming the sale. That means a probate filing is usually necessary before you can sell.

Common exceptions (when you may be able to avoid probate):

• The property passed automatically to a joint tenant or surviving co-owner (e.g., joint tenancy with right of survivorship).
• The home was held in a revocable living trust and the successor trustee can transfer title.
• A beneficiary deed or other recorded transfer document already names a successor owner.
• The property was owned entirely by a spouse who survives and state law or deed language allows transfer outside probate.

If one of those exceptions applies, you may be able to transfer or sell the house without a probate proceeding or a creditor notice.

How creditor notice and the 3‑month period typically works

When you open a formal probate administration in West Virginia, the personal representative (executor or administrator) normally must provide notice to creditors. That notice commonly includes publication in a local paper and mailing notice to known creditors. After notice, there is a statutory period during which creditors may file claims against the estate. In many administration cases the practical result is a roughly three‑month window for general creditors to present claims after publication. To confirm exact timing and procedures, see West Virginia Code Chapter 44 and check with the local probate clerk or county circuit court. West Virginia courts and probate forms are available at: https://www.courtswv.gov/.

Practical steps to take before attempting to sell

1. Check title and ownership. Look at the deed to see whether the house was owned jointly or by a trust. If title already names a surviving owner, sale may be possible without probate.
2. Locate the will (if any). If a will names an executor, that person typically must obtain letters testamentary from the probate court before selling.
3. Contact the county probate clerk. Ask whether a small-estate affidavit applies to this property or whether the court requires formal administration.
4. If probate is required, file for appointment as personal representative or petition the court for an order authorizing sale. The court will direct creditor notice and claim deadlines as part of the process.
5. Do not list or convey title until you have recorded authority (letters, court order, or other recorded instrument). Title companies will usually require clear probate documentation to insure a sale.

When you will likely need to publish notice to creditors

If you open formal probate administration in West Virginia, expect to publish a notice to creditors as part of the process. The publication and the following statutory claims period give creditors the chance to file claims. If you pursue a small‑estate affidavit for personal property only, the probate court clerk can tell you whether publication is required for that procedure. But remember: small‑estate affidavit procedures rarely apply to real estate transfers.

Recommended next steps

• Confirm whether the house is subject to probate by checking the deed and any trust documents.
• Talk with the county probate clerk about small‑estate forms and the need for formal administration.
• Consult a West Virginia probate or real estate attorney before listing the house—especially if the estate includes mortgages, liens, or unclear title.
• If selling is urgent, consider asking the court for an expedited order authorizing sale; courts can permit sales when it serves the estate and beneficiaries.

Disclaimer: This article explains general West Virginia probate concepts and is not legal advice. Laws vary by county and by the facts of each case. Consult a licensed West Virginia attorney or the county probate clerk for advice specific to your situation.