Disclaimer: This article is for educational purposes and does not constitute legal advice. For guidance tailored to your situation, consult a licensed West Virginia attorney.
Detailed Answer
When an individual dies without a valid will (intestate), West Virginia law directs how assets pass to heirs under the intestate succession statutes (WV Code § 42-1-3). If one of the heirs is a minor, you must take steps to safeguard that child’s inheritance until they reach the required age.
1. Petition for Appointment of a Personal Representative
The first step is to open probate in the circuit court where the decedent lived. Anyone with an interest—often a surviving parent or guardian—can petition the court to be appointed personal representative under WV Code § 44-2-1 et seq.. The personal representative gathers assets, pays debts, and distributes the estate per intestate rules.
2. Use the Uniform Transfers to Minors Act (UTMA)
West Virginia’s UTMA (WV Code § 38-12-1 to § 38-12-12) allows the personal representative to transfer a minor’s share into a custodial account. A custodian manages the assets until the minor attains the statutory age (typically 21). UTMA custodianships avoid formal guardianship proceedings and simplify administration.
3. Petition for Guardianship of the Estate
If UTMA is not elected or the inheritance is substantial, the court may require a guardianship of the estate under WV Code § 44-3-1 et seq.. A guardian must post a bond, file annual accountings, and manage assets prudently for the minor’s benefit.
4. Bonding and Court Oversight
The court typically requires the personal representative or guardian to post a bond under WV Code § 44-2-27. Periodic accountings ensure transparency and protect the minor’s interest.
5. Asset Management and Distribution at Majority
Throughout probate or guardianship, assets must be invested conservatively. When the minor reaches the age set by UTMA (21) or the guardian’s plan approved by the court, the remaining inheritance transfers to the now-adult beneficiary.
Helpful Hints
- File a probate petition promptly in the county where the decedent lived.
- Evaluate whether UTMA custodianship suits your situation for simplicity.
- Keep detailed records: receipts, bank statements, and court filings.
- Review permissible investments under guardianship rules to protect the estate.
- Consult a West Virginia probate attorney to navigate court procedures.