The Complete Guide to the Probate Process in West Virginia
At The Skeen Firm, we understand that navigating the probate process after the loss of a loved one can feel overwhelming. Our West Virginia probate attorneys are here to guide you every step of the way with compassionate, efficient, and personalized legal support. This in-depth guide explains each stage of the probate process in West Virginia, offering clarity and confidence to individuals managing estate matters.
Step 1: Filing the Will and Initiating Probate in West Virginia
Probate begins when the deceased’s will is filed with the County Clerk's Office in the county where they resided. If no will exists, the estate is considered intestate, and someone close to the decedent can petition the probate court to serve as the estate administrator.
Our Role: The Skeen Firm assists clients in filing all necessary documents, ensuring legal requirements are met, and providing guidance through the initial steps of the probate court process.
Step 2: Appointment of a Personal Representative in West Virginia Probate
The court appoints a personal representative, either an executor named in the will or an administrator appointed by the court. This individual takes an oath of office and may need to post a fiduciary bond, unless waived by the will.
Our Role: We help executors and administrators understand their legal responsibilities and complete their fiduciary duties with confidence and efficiency.
Step 3: Notification of Heirs, Beneficiaries, and Creditors
The personal representative must notify all heirs and beneficiaries of the estate. Additionally, a notice to creditors must be published in a local newspaper for two consecutive weeks, giving creditors 60 days to file any claims.
Our Role: The Skeen Firm prepares and publishes proper notices, minimizing the risk of future legal disputes and ensuring full compliance with state law.
Step 4: Inventory and Appraisal of the Estate
All assets owned by the deceased must be documented and valued, including:
Real property
Vehicles
Bank accounts
Investments
Personal belongings
A formal inventory must be filed with the County Clerk's Office.
Our Role: We help clients gather financial documentation, engage professional appraisers when necessary, and file the required inventory forms.
Step 5: Paying Debts, Taxes, and Expenses
Before assets can be distributed, the estate must pay all outstanding obligations. These may include:
Funeral expenses
Credit card bills
Medical debts
Income and estate taxes
Our Role: We ensure that debts and taxes are addressed in the proper legal order, safeguarding both the estate and the personal representative from liability.
Step 6: Distributing the Remaining Assets
Once debts are settled, the estate’s remaining assets are distributed either:
According to the decedent’s will, or
According to West Virginia intestate succession laws (if no will exists)
Our Role: The Skeen Firm facilitates timely and lawful asset distribution, prepares deeds and other transfer documents, and ensures a smooth transition for beneficiaries.
Step 7: Closing the Estate and Final Accounting
The final step involves:
Preparing a final accounting of all estate activity
Filing it with the court
Requesting the formal discharge of the personal representative
Our Role: We prepare and submit the final accounting, ensuring that the estate is properly closed and all legal duties have been fulfilled.
Special Considerations: Small Estate Procedures in West Virginia
West Virginia provides simplified probate options for estates valued under $100,000. With a Small Estate Affidavit, heirs may bypass the full probate process.
Our Role: We determine whether a small estate procedure applies and assist clients with preparing and filing the necessary affidavits and documentation.
Why Choose The Skeen Firm for Probate in West Virginia?
At The Skeen Firm, our probate and estate administration attorneys provide:
Personalized legal support tailored to your unique family and estate
Step-by-step guidance through every phase of the probate process
Professional document preparation, filing, and court representation
Clear communication and trusted counsel during a difficult time
Whether you are serving as an executor, administering a loved one’s estate, or have questions about your inheritance rights, we are here to help.
*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice. It should not be relied on, nor construed as creating an attorney-client relationship.