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Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Notice Requirements for Probate in West Virginia

When settling an estate in West Virginia, the personal representative must notify creditors to allow them to file claims. West Virginia Code § 44-2-13 requires sending written notice to known creditors (W.Va. Code § 44-2-13).

Written Notice to Known Creditors

• Mail notice via certified mail, return receipt requested, to each creditor with a known address.
• Include the date letters of administration or appointment were issued.
• Specify the deadline for filing claims: not later than three months after first publication of the notice to creditors (W.Va. Code § 44-2-15).

Publication Notice for Unknown Creditors

Under W.Va. Code § 44-2-14, the executor must publish a notice to unknown creditors once a week for three consecutive weeks in a newspaper of general circulation in the county where probate is pending (W.Va. Code § 44-2-14).

Special Considerations for Medical Debt Collectors

Medical debt collectors are creditors under probate law. Ensure they receive the same written notice. If a medical provider’s address is unknown, include them in the publication notice to satisfy statutory requirements.

Time Limits and Claim Procedure

Creditors have three months after the first publication to present claims. Claims filed late may be barred. Each claim must be in writing, verified, and filed with the probate court clerk.

Detailed Steps for Compliance

1. Compile a list of known creditors, including medical providers and their mailing addresses.
2. Draft a written notice stating the estate name, case number, personal representative’s appointment date, and claim deadline.
3. Send the notice via certified mail to each known creditor.
4. Publish the notice in a local newspaper for unknown creditors for three consecutive weeks.
5. File proof of mailing and publication (affidavits of mailing and publication) with the probate court clerk.

Helpful Hints

• Maintain an updated list of creditors throughout administration.
• Keep certified mail receipts and publication affidavits organized.
• Verify medical provider addresses via patient or billing records to ensure accurate notice.
• Consult the probate court clerk regarding approved newspapers for publication.
• Consider legal guidance when claims are disputed or the estate is complex.