Detailed Answer
When starting estate administration in West Virginia, a personal representative or executor must gather essential documents and certificates to file a probate petition under WV Code §44-2-1 (Probate Jurisdiction and Venue). These items help the court confirm the decedent’s identity, asset ownership, and outstanding liabilities.
1. Certified Copy of the Death Certificate
Obtain multiple certified copies from the West Virginia Vital Registration Office. Courts and financial institutions typically require original certified copies when releasing assets.
2. Original Will and Codicils
Locate the decedent’s last will and any codicils. File the original will with the probate court to open the estate under WV Code §44-2-2 (Petition for Probate). If no will exists, you will apply for administration as an intestate estate.
3. Letters Testamentary or Letters of Administration
After filing the probate petition, the court issues authority documents: Letters Testamentary (when a will exists) or Letters of Administration (intestate) under WV Code §44-2-3 (Granting Letters Testamentary and Administration). These letters grant legal authority to manage and distribute estate assets.
4. Asset Documentation
- Deeds for real property or land records.
- Vehicle titles and registrations.
- Bank and brokerage account statements.
- Retirement account and pension statements.
- Safe deposit box inventory and key(s).
5. Liability Records
- Mortgage statements.
- Outstanding loan documents.
- Credit card statements.
- Utility and medical bills.
6. Insurance Policies and Benefits
Collect life insurance policies, beneficiary designation forms, and social security or veterans’ benefits information.
7. Tax Returns
Gather the decedent’s federal and state tax returns for the past three to five years. File any outstanding returns and prepare the final income tax accounting for the estate.
8. Additional Certificates and Affidavits
- Marriage certificate or divorce decree (to identify surviving spouse).
- Birth certificates for minor beneficiaries.
- Affidavit of Heirship if no will is available.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in West Virginia for guidance specific to your situation.
Helpful Hints
- Order at least 10 certified death certificates immediately.
- Inventory safe deposit boxes early; banks often require a court order.
- Submit certified copies when possible; retain originals securely.
- Track deadlines for creditor notices under WV Code §44-2-14.
- Review Title 44 of the West Virginia Code at code.wvlegislature.gov/title/44 for detailed probate procedures.