West Virginia: How to Identify Heirs and Determine Property Ownership After a Grandparent Dies

Short summary: Start by finding a will, then check county deed records for how the property is titled, and open a probate or use small‑estate procedures if needed. West Virginia law determines heirs if there is no valid will. The county probate court and recorded property records are the two primary official sources you must check.

Disclaimer: I am not a lawyer. This article provides general information about West Virginia law and is not legal advice. For decisions about specific facts, consult a licensed West Virginia attorney.

Step 1 — Look for a will or other estate plan documents

Ask family members, the decedent’s attorney, and the bank for a safe‑deposit box. A valid will names the person(s) who inherit. If you find a will, the executor named in it should file it with the county probate court to begin administration. If you cannot find a will, the estate is likely intestate (no will) and West Virginia’s intestacy rules apply.

Step 2 — Check how the property is titled

Ownership often depends on how the deed or account was titled before death:

• Joint tenancy with right of survivorship or tenancy by the entirety: the surviving joint owner(s) usually own the property automatically and it typically avoids probate.
• Life estate or transfer-on-death instrument: may pass outside probate if a valid instrument exists.
• Owned solely by the decedent: ownership generally passes through probate or by an affidavit/small‑estate process.

Search deed and land records at the county clerk/recorder where the property is located. County offices keep recorded deeds, mortgages, and sometimes recorded beneficiary deeds. You can usually search in person or online through the county’s records portal; a statewide county listing is available through the West Virginia Association of Counties: https://www.wvcounties.org/.

Step 3 — Find the decedent’s probate file and death certificate

The probate court in the county where the deceased lived typically handles wills and estate administration. Contact that county’s probate clerk or visit the West Virginia Judiciary probate pages for general guidance and forms: https://www.courtswv.gov/probate/.

Order a certified death certificate from the West Virginia Department of Health and Human Resources (vital records) if you do not already have one: https://dhhr.wv.gov/.

Step 4 — Understand West Virginia intestacy rules (who inherits if no will)

If there is no valid will, West Virginia law sets the order of heirs. The court uses statutory intestacy rules to distribute the estate. For the statutory framework and specific rules, see West Virginia Code, Chapter 44 (probate, estates, and related provisions): https://www.wvlegislature.gov/WVCODE/ChapterEntire.cfm?chap=44.

Generally, intestate succession follows this priority (typical order; exact shares depend on the family makeup):

• Surviving spouse (may take all or part depending on whether there are surviving descendants).
• Children and descendants (share the estate if no surviving spouse or share with spouse under certain rules).
• Parents if no spouse or descendants.
• Siblings, nieces/nephews, grandparents, aunts/uncles, and more distant kin in descending order if closer relatives are absent.

Because shares and priority can change based on marriages, adoption, and predeceased children, consult the West Virginia statutes listed above or an attorney to apply the rules to your family.

Step 5 — Probate administration, small‑estate procedures, and affidavits

If the decedent left a will or owned assets subject to probate, someone (the executor named in the will or an administrator appointed by the court) must open a probate case to transfer title and distribute assets. If there is no will, an interested person can ask the court to appoint an administrator.

For small estates, many states permit simplified transfers (infant probate, small‑estate affidavit, or summary administration). Check the West Virginia probate rules and local court forms to see if a small‑estate procedure applies. The county probate court or the West Virginia Judiciary site can point you to the correct forms: https://www.courtswv.gov/probate/.

Title companies and third parties sometimes accept an affidavit of heirship signed and sworn by heirs to clear title. Acceptance depends on the title company and the county. An affidavit does not replace formal probate when required, but it can help transfer property in some situations.

Step 6 — Establishing heirs when identity is unclear

To prove who the heirs are you will usually need:

• Death certificate;
• The decedent’s birth certificate, marriage certificates, adoption records, or divorce records;
• Documentation showing parent‑child relationships (birth records, adoption decrees, DNA where courts allow it);
• Family tree documents, sworn statements, and any prior estate planning paperwork.

If heirs are missing, unknown, or contested, the probate court can supervise heirship determinations. Courts may require notices to possible heirs and public notices by publication to locate unknown relatives.

Step 7 — Situations to watch for

• Property held jointly or with beneficiary designations often passes outside probate.
• Real estate in another state may require ancillary probate in that state.
• Debts and taxes must be paid before final distribution; creditors have statutory periods to make claims in probate.
• Disputes among potential heirs can delay transfer and may require litigation.

When you should get legal help

Talk to a West Virginia probate or estate attorney when:

• The estate is complex or has high value.
• Heirs are unknown, contested, or there are allegations of fraud.
• Real property titles are unclear, or there’s a need to quiet title.
• You need help preparing and filing probate or small‑estate paperwork correctly.

For help locating an attorney in West Virginia, use the West Virginia State Bar referral resources or contact your county probate clerk for local attorney lists.

Helpful Hints

• Start with the basics: search for a will, get the death certificate, and check the deed records in the county where the property sits.
• Look in the decedent’s mailbox, safe, computer files, and with their bank for estate documents.
• Ask relatives for names of any attorneys the decedent used; an attorney may already have the will.
• Check recorded deeds to see if the property had joint owners or a transfer‑on‑death instrument—this can avoid probate.
• Keep clear records of your search efforts and copies of any documents you find.
• If heirs are unknown, bring birth, marriage, and adoption records to the probate court to help establish relationships.
• When possible, work with the county probate clerk early — they can explain local filing requirements and forms: https://www.courtswv.gov/probate/.
• Obtain at least one certified death certificate from West Virginia Vital Records: https://dhhr.wv.gov/ — many institutions require certified copies.