Detailed Answer
When a deed lists only your deceased parent, you must follow West Virginia’s probate and intestate succession laws to confirm who holds legal title. First, determine if your parent left a valid will. If so, the executor named in the will (also called the personal representative) must open probate in the county commission where your parent lived. The executor will distribute property per the will’s terms.
If your parent died without a will (intestate), West Virginia Code § 44-2-8 governs distribution of real property. Under W. Va. Code § 44-2-8, if there is no surviving spouse, the decedent’s real estate passes equally to their children. To establish ownership, heirs must open an estate, obtain letters of administration, and record a new deed.
Step 1: Gather Key Documents
- Certified death certificate from the West Virginia Division of Vital Records.
- Certified copy of the recorded deed from the county clerk’s office or online portal.
- Any existing will or trust documents.
Step 2: Open Probate or Administration
File the will (if one exists) or a petition for administration if there is no will with the county commission court. The court issues letters testamentary (with a will) or letters of administration (intestate). These letters empower the personal representative to manage and distribute assets.
Step 3: Transfer Title to Heirs or Beneficiaries
After probate, the personal representative prepares and records a deed conveying the property to heirs or beneficiaries. In intestate cases, heirs rely on W. Va. Code § 44-2-8 to prove descent. Recording the new deed with the county clerk finalizes title transfer.
Alternative Paths to Title
If your parent held property in a living trust, assets may pass outside probate. Or, if the deed included a joint tenant with right of survivorship, title may automatically pass to the survivor. Check for joint tenancy language on the deed or trust documentation.
Relevant West Virginia Statutes
- W. Va. Code § 44-2-8 (Intestate succession of real property)
- W. Va. Code § 44-1 et seq. (Probate administration)
- W. Va. Code § 39-1-2 (Definition of estates in land)
Disclaimer
This article provides general information about West Virginia property law and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Begin by locating any will to avoid unnecessary probate.
- Keep originals and certified copies of all documents in a secure place.
- Communicate with the county clerk early to understand local filing requirements.
- Use certified mail or courier for filing probate documents.
- Update insurance and tax records once title transfers.