Detailed Answer
When a decedent’s real property sells during probate in West Virginia, the personal representative (executor or administrator) must obtain court approval and gather specific signed forms from each heir before distributing the net sale proceeds. Under West Virginia law, the core statutes governing sale and distribution include:
- W.Va. Code §44-2-12 (Petition and Order for Sale of Real Estate)
- W.Va. Code §44-2-16 (Accountings and Reports)
- W.Va. Code §44-2-17 (Receipt and Discharge by Devisees and Legatees)
Here are the key forms an heir typically must sign to direct distribution of sale proceeds:
- Waiver of Notice of Distribution Hearing: If heirs agree in advance to distribution without attending a court hearing, they sign a waiver stating they received notice of the petition and consent to proceed. This speeds up the process and waives their right to formal notice under W.Va. Code §44-2-2.
- Consent to Sale of Real Property: Though the court orders the sale, heirs often sign a consent form confirming they reviewed the sale terms and know the projected net proceeds. This is a best practice, even if not strictly required by statute.
- Petition for Final Distribution: The personal representative files a petition listing heirs, their shares, and proposed distribution amounts. Heirs do not sign the petition itself but must review its accuracy before the hearing.
- Receipt and Release (Discharge): Under W.Va. Code §44-2-17, each heir signs a Receipt and Release form acknowledging they received their share and releasing the personal representative and the estate from further claims. This document finalizes the heir’s interest in the proceeds.
- Renunciation or Disclaimer (if applicable): If an heir declines their share, they sign a Renunciation of Interest under W.Va. Code §44-3-2. The estate then reallocates that heir’s share to the remaining beneficiaries.
Once all necessary forms are filed and signed, the court issues a Final Decree of Distribution. The clerk then releases funds to heirs per the decree.
Helpful Hints
- Keep copies of every signed form—courts require a complete record.
- Confirm each heir’s mailing address to avoid delays in notice or check delivery.
- Use a checklist: Waivers, Consents, Receipts, Disclaimers as needed, and court-approved orders.
- Review the personal representative’s accounting for accuracy before signing any receipt.
- If an heir lives out of state or overseas, consider remote notarization or special mailing provisions.
- Consult a probate attorney if heirs disagree on distribution percentages or sale terms.