Can I recover personal items that heirs removed from the house before I took possession and enforce the court’s order? — WV
Can I recover personal items that heirs removed from the house before I took possession and enforce the court’s order? Short answer: Possibly. Under West Virginia law you may be able to recover personal property removed by heirs before you took possession by asking the court to enforce its order, by filing a replevin (claim-and-delivery) […]
Read article →What steps does an executor in West Virginia need to follow to sell real property to pay estate debts?
How an executor (personal representative) sells real property to pay estate debts in West Virginia Brief answer: As the executor (personal representative) you must identify estate assets and debts, get authority from the West Virginia probate court to sell the real property (unless the will already authorizes a sale), follow required notice and appraisal procedures, […]
Read article →Can heirs of a deceased sibling be included in a partition action in West Virginia (WV)?
Detailed Answer Short answer: Yes. When a co-owner dies, the person or persons who inherit that co-owner’s share (the heirs or devisees) must generally be included in a West Virginia partition action so the court can divide or sell the property and settle ownership. How you add them depends on whether the decedent’s interest passed […]
Read article →What Happens to a Safe Deposit Box After Someone Dies in West Virginia (WV)?
FAQ: What happens to a safe deposit box after someone dies in West Virginia? Short answer When a person who rents a safe deposit box in West Virginia dies, the bank will typically restrict access to the box until the right person — usually the personal representative (executor or administrator) or a surviving joint tenant […]
Read article →What Is “Probate in Common Form” in WV?
Understanding Probate in Common Form under West Virginia Law Detailed answer — what probate in common form means in West Virginia “Probate in common form” is an informal method of admitting a will to probate and opening estate administration when there is no active dispute over the will’s validity. Under West Virginia law (see Title […]
Read article →How can I close an estate bank account and obtain the required closing statement in WV?
Closing an Estate Bank Account and Getting the Required Closing Statement in West Virginia Short answer: The personal representative (executor or administrator) closes the estate bank account after collecting assets, paying valid debts and expenses, preparing and distributing a final accounting (closing statement) to beneficiaries and the probate court, and obtaining any required court approval […]
Read article →Is probate administration required when there is no will in WV?
Detailed Answer — When probate is required if there is no will (West Virginia) Probate is the court process used to collect a deceased person’s assets, pay their debts, and transfer what remains to heirs or beneficiaries. In West Virginia, having no will (dying “intestate”) does not automatically eliminate the need for probate. Whether you […]
Read article →How to properly document and file receipts for payments to heirs or service providers in an estate — WV
FAQ: How do I properly document and file receipts for payments to heirs or service providers in an estate under West Virginia law? Short answer: As an executor, administrator, or personal representative in West Virginia, keep contemporaneous, itemized receipts and supporting documents for every estate payment, record them in the estate accounting, and file the […]
Read article →What steps ensure third-party claims and payments are accurately recorded in probate filings in West Virginia (WV)?
Detailed Answer — How to make sure third‑party claims and payments are accurately recorded in West Virginia probate filings This answer explains, step by step, how a personal representative (executor or administrator) can reliably record third‑party claims and payments in a West Virginia probate case. It assumes no prior legal knowledge. This is not legal […]
Read article →How can next of kin qualify to be appointed as the estate administrator? (WV)
Detailed Answer: How a next of kin can qualify to be appointed as the estate administrator under West Virginia law Short answer: In West Virginia, a next of kin who wants to serve as the estate administrator (personal representative) generally must be an adult who is legally competent, have priority under the state’s intestacy and […]
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