Detailed Answer
When someone dies in West Virginia, banks often lock the decedent’s accounts until someone with legal authority proves their right to act. If co-heirs refuse to cooperate, you cannot rely on informal agreements. You must secure court-issued documentation to freeze or manage those funds.
1. Obtain a certified copy of the death certificate. Banks require an official death certificate to identify the account holder’s passing.
2. Petition the probate court for letters of administration. Under West Virginia law, any interested party can ask the circuit court in the county where the decedent lived to appoint a personal representative. See W. Va. Code §44-1-6. The court issues letters of administration (sometimes called “letters of administration with will annexed” or “letters testamentary” if there’s a will). A certified copy of those letters gives you the legal authority to act on behalf of the estate.
3. Prepare a small estate affidavit if the estate qualifies. If the total value of personal property (excluding real estate) is $50,000 or less, you can use the simplified small estate procedure. See W. Va. Code §44A-1A-5. You and any other heirs must sign an affidavit under oath, certify the estate’s assets, and send copies to all heirs. Banks will accept a court-certified small estate affidavit along with the death certificate.
4. Present the documents to the bank. Provide the death certificate, certified letters of administration (or small estate affidavit), a bank statement or account summary, and your valid photo ID. The bank will freeze the decedent’s accounts if needed or place them in the name of the personal representative.
5. Seek a court order if heirs still refuse to cooperate. If co-heirs block the small estate affidavit or contest your appointment, file a motion in the same probate court asking for an order enforcing your authority. You may request a preliminary injunction under the West Virginia Rules of Civil Procedure, Rule 65, to prevent any transfers or withdrawals.
This process ensures that the estate remains intact while you resolve disputes or settle the estate. Each step uses clear, court-approved documents to satisfy bank requirements and protect all heirs’ interests.
Helpful Hints
- Confirm the estate’s value before choosing the small estate procedure.
- Request certified copies of court orders and letters of administration from the clerk.
- Keep originals in a secure place; banks usually require certified copies.
- Provide notice to all heirs and file proof of service to avoid delays.
- Track deadlines for probate filings to prevent estate assets from being misused.
- Consult an attorney if heirs launch formal objections or complex disputes arise.
Disclaimer: This article provides general information about West Virginia probate procedures. It does not offer legal advice. You should consult a qualified attorney for advice about your specific situation.