What Secretary of State (SOS) records to request

• Certified copy of the Articles of Organization — the filed formation document that proves the LLC exists and the date it was formed. (Request a certified copy so the bank accepts it.) See West Virginia SOS business pages: https://sos.wv.gov/business/Pages/default.aspx
• Certificate of Existence / Certificate of Status (Good Standing) — shows the LLC was authorized and active on a given date and verifies there are no outstanding administrative dissolution notices in SOS records.
• Certified copies of any amendments or restated Articles — if ownership or management information was changed and an amendment was filed, banks will want those records.
• Certified copies of any filed Statement of Authority or similar filings — if the LLC filed a public statement identifying who may bind the company, provide that.

Use the SOS business search to find the entity and the available documents: https://apps.sos.wv.gov/business/corporations/

Why SOS papers alone often aren’t enough

West Virginia’s public filings establish the LLC’s legal existence and show what was filed publicly, but they generally do not list members or percentage ownership. Membership interests are usually private and shown in internal documents maintained by the LLC. Because of that, banks typically require internal proof of ownership or authority in addition to any SOS-certified records.

What banks typically require in addition to SOS records

1. Operating Agreement — the signed agreement that shows who the member(s) were and how ownership was held. For a single-member LLC, the Operating Agreement often identifies the sole member and how the LLC is managed.
2. Member Resolution or Certificate of Membership — a document signed by the member confirming authority to access or close accounts.
3. IRS EIN confirmation (CP 575 or EIN assignment letter) — proves the LLC’s federal tax identity (banks commonly require this).
4. Personal identification and proof of relationship — bank will ask for ID for the person trying to access funds and proof of family relationship when the member is deceased or incapacitated.
5. Death certificate and estate/probate documents — if the member died, provide the death certificate and the estate paperwork that shows who has legal authority (letters testamentary/administration, small estate affidavit, or court order). Banks often refuse to release funds without proper probate or court authorization.
6. Certified copies of any court orders or settlement documents — if a court has appointed a successor or approved a transfer of the membership interest, provide certified court documents.

Practical steps to follow

1. Search the West Virginia SOS business database to locate the LLC and see what public records are available: https://apps.sos.wv.gov/business/corporations/
2. Order certified copies of the Articles of Organization and a Certificate of Existence (ask the SOS for certified copies by mail or online; the SOS site explains fees and processing).
3. Gather the internal documents the bank will expect: Operating Agreement, member certificates, EIN letter, and any bank-specific forms or affidavits.
4. If the member has died, obtain an official death certificate and the probate or succession documents that establish who controls the decedent’s assets (letters testamentary, letters of administration, or statutory small-estate affidavit if applicable under West Virginia law).
5. Contact the bank before going in. Ask precisely which documents they will accept to prove sole membership and authority to transact. Banks have different internal rules and risk policies.
6. If the bank refuses to accept the documents you have, consider obtaining a certified court order establishing the successor in interest, or consult counsel to help prepare the right probate or succession paperwork.

West Virginia law and resources

West Virginia public records for business entities and instructions on ordering certified filings are available from the West Virginia Secretary of State: https://sos.wv.gov/business/Pages/default.aspx

For the statutory framework governing LLCs in West Virginia, consult the West Virginia Code provisions on limited liability companies (Chapter 31B) on the Legislature’s website: https://code.wvlegislature.gov/31B/

Helpful Hints

• Always ask the bank for a written list of exactly which documents they require before you visit.
• Get certified (not just photocopied) copies of SOS filings—banks almost always insist on certification.
• An Operating Agreement signed by the decedent is one of the strongest documents to prove sole ownership.
• If the LLC didn’t keep an Operating Agreement or membership certificate, a combination of SOS certified filings, an EIN letter, the decedent’s will (if any), and probate documents can establish control.
• Small estate procedures can be faster and cheaper than full probate but have limits; ask the probate court clerk in the county where the decedent lived whether a small estate affidavit or summary administration is available.
• If you run into resistance from the bank, a short letter from a probate attorney or an affidavit prepared with legal help can clarify the authority to act and speed the process.