How Can Someone Determine if a Probate Estate Has Been Opened for a Decedent in West Virginia?
Detailed Answer To determine if a probate estate has been opened for a decedent in West Virginia, follow these steps: Identify the Decedent’s Filing County – Under W.Va. Code §41-1-16, probate petitions must be filed in the circuit court of the decedent’s last residence (W.Va. Code §41-1-16). Access the County Clerk or Circuit Court Records […]
Read article →What information is needed to request estate files from a county probate division? – WV
How to Request Estate Files from a County Probate Division in West Virginia Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney or the county probate clerk for guidance specific to your situation. Detailed Answer In West Virginia, estate files (also called probate files) are maintained by […]
Read article →What steps are needed to include real property into an estate successfully in WV?
How to Include Real Property in an Estate Under West Virginia Law Detailed Answer Including real property in a decedent’s estate under West Virginia law requires careful steps to ensure clear title transfer and compliance with probate statutes. Below is a step-by-step guide: Locate and Verify Title Documents. Obtain the deed, mortgage records, and title […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in West Virginia
Detailed Answer Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult an attorney for advice about your specific situation. 1. What Is a Subpoena in a West Virginia Probate Case? A subpoena is a court order compelling a person or entity to produce documents or testify. In estate administration, […]
Read article →How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce?
How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds After the Owner’s Death or Divorce in West Virginia? Detailed Answer When a property sells at a foreclosure auction for more than the outstanding debt and costs, the excess proceeds—called surplus funds—remain in the custody of the Circuit Clerk. A former spouse or […]
Read article →What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs?
What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs? Detailed Answer When an estate lacks sufficient cash to pay administration costs, debts, taxes or funeral expenses, the personal representative (executor or administrator) may sell decedent’s personal property under West Virginia law. Proceeds from those sales first […]
Read article →How to Distinguish Estate Assets from Corporate Assets in West Virginia
How to Distinguish Estate Assets of a Deceased Person from Corporate Assets in West Virginia Detailed Answer When someone dies, you must separate the assets they owned in their personal capacity from assets held by a corporation established by a relative. West Virginia law treats these ownership categories differently. The estate’s assets pass through probate […]
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