Detailed Answer — Step-by-step guide under West Virginia law

When a spouse dies without a will (intestate) in West Virginia, the court must appoint someone to act for the estate. If you are the surviving spouse and the decedent’s family is uncooperative, you still have clear legal options. This section explains typical steps, what the court looks at, and how to proceed even when family members refuse to help.

1. Understand who has priority to be appointed

West Virginia law gives certain people priority to serve as the personal representative (sometimes called an administrator) of an intestate estate. A surviving spouse is usually at the top of the priority list. If you qualify as the surviving spouse and there is no valid will naming someone else, the probate court will consider your petition for appointment first.

2. Gather documents you will need

• Certified copy of the decedent’s death certificate.
• Your marriage certificate (to prove you are the surviving spouse).
• Any documents showing the decedent’s domicile/residence (to establish venue for probate).
• A list of known heirs and their contact information (even if they are uncooperative).
• Information about assets and debts (bank accounts, real estate, vehicle titles, life insurance, payroll benefits).

3. File a petition for appointment of a personal representative

Go to the probate court (often the county circuit court) in the county where your spouse lived. File a Petition for Letters of Administration (or similar pleading used by that court). Typical items the petition asks for:

• Decedent’s full name, last address, and date of death.
• The petitioner’s relationship to the decedent (surviving spouse) and contact information.
• Whether the decedent left a will (state that none exists, if intestate).
• A proposed inventory of assets and an estimate of the estate’s value.
• A request for appointment and for authority to take necessary actions (collect assets, pay bills, distribute property).

4. Notice requirements and what to expect if family members refuse to cooperate

After you file, the court will require you to give notice to heirs and possibly publish notice in a local newspaper. If family members refuse to cooperate or ignore the notice, the court can proceed. The court can appoint you even if others do not participate, provided you meet the legal requirements and no one with a prior right timely objects.

5. When relatives file competing petitions or object

If a relative files a competing petition or objects, the court schedules a hearing to resolve who has priority or whether someone is fit to serve. Factors the court may consider include the relationship to the decedent, residence, any conflicts of interest, and whether a proposed administrator will properly protect the estate. If needed, you can request temporary or interim letters of administration so you can act quickly to protect assets while the court decides the ultimate appointment.

6. Request interim relief if assets are at risk

If estate property is in danger (e.g., bank accounts will be frozen, bills are due, property may be lost), ask the court for temporary letters or emergency authority. Courts typically grant short-term authority so the appointed person can preserve assets until the final appointment.

7. Use the small-estate procedure if the estate is small

West Virginia provides streamlined procedures for small estates. If the estate value falls under the state’s small-estate threshold, you may be able to collect certain assets without full probate by using an affidavit procedure. Check the court rules or clerk’s office in the county where your spouse lived to see whether a simplified process applies.

8. If family members conceal assets or refuse to provide information

The probate court has powers to compel discovery and sanction obstruction. You can ask the court to order the relatives to produce bank records, title documents, or other information. If someone is hiding assets or refusing to turn over estate property, the court can impose penalties and may remove a person who was improperly handling estate property.

9. What the court will require after appointment

• Taking an oath and filing an acceptance of appointment.
• Filing a bond if required by the court (sometimes waived for a surviving spouse or when the estate is small).
• Inventory and accounting of estate assets and later reports to the court as required.
• Notice to creditors and handling creditor claims under the applicable probate timeline.

10. When to hire an attorney

If relatives contest the appointment, conceal assets, or create complex disputes, strongly consider hiring an attorney experienced in West Virginia probate. An attorney can prepare petitions, represent you at hearings, ask for interim relief, handle discovery, and protect your legal rights as the surviving spouse.

Key West Virginia references and resources

Connect to West Virginia statute texts and court guidance here:

• West Virginia Code and searchable statutes: https://code.wvlegislature.gov/
• West Virginia Judiciary — probate and estate information: https://www.courtswv.gov/legal-community/guide-to-probate/index.html
• West Virginia State Bar — lawyer referral and resources: https://www.wvbar.org/

These resources explain the statutes and local rules that govern appointment of personal representatives, intestate succession, notice, bond, inventories, and small-estate procedures in West Virginia.

Typical timeline

1. File petition and submit death certificate — 1–2 days (depending on clerk availability).
2. Service/notice and publication — usually several weeks to allow for responses.
3. Hearing (if contested) — scheduled according to the court’s calendar; could be weeks to months.
4. Inventory and administration — months to years depending on complexity.

If you cannot get co-operation from the decedent’s family — practical tips

• File the petition promptly. Courts do not require family cooperation to appoint a proper administrator.
• Keep careful records of attempts to contact heirs and any refusals to cooperate.
• Ask the court for service by publication or for substituted service if relatives hide contact details.
• Request temporary letters if immediate action is necessary to preserve estate assets.
• Use available discovery tools and motions to compel if relatives possess or hide estate property.

Acting quickly and following court procedures protects your rights as the surviving spouse and helps you secure control of estate administration despite family noncooperation.

Disclaimer: This information is educational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a licensed West Virginia attorney. See the West Virginia State Bar for local referrals: https://www.wvbar.org/.

Helpful Hints

• File the petition where the decedent lived — venue matters. Check the circuit court clerk in that county for local forms.
• Bring certified death and marriage certificates to your first court visit — clerks will want those documents.
• Ask the clerk what forms that county uses for appointment, inventory, bond, and small-estate affidavits.
• If you suspect the estate is small, ask about a simplified affidavit procedure to avoid full probate.
• Document every contact attempt with uncooperative relatives (emails, letters, returned mail). This helps the court understand obstruction.
• Request temporary letters immediately if bank accounts may be frozen or utilities/insurance require action.
• Be prepared to post a bond unless the court waives it — this protects estate creditors and beneficiaries.
• If you cannot afford an attorney, check whether local legal aid organizations or the West Virginia State Bar have low-cost referral services.