Probate in West Virginia | WV Legal Resources | FastCounsel

How to Open an Estate Bank Account in West Virginia Using an IRS EIN

How to open an estate bank account in West Virginia using an IRS EIN Disclaimer: This article is for general information only. It does not provide legal advice. Consult a licensed West Virginia attorney or the probate court for advice about your specific situation. Detailed answer: steps to set up an estate bank account in […]

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West Virginia: What Happens When a Creditor Files a Claim After the 90‑Day Notice Period?

Late Creditor Claims in West Virginia Probate: What Happens and What to Do Detailed answer — overview of the rule and effect of a late claim When someone dies, the estate’s personal representative must notify known and unknown creditors that they have a limited time to present claims against the estate. In West Virginia, the […]

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Claiming Your Share of a Parent's Estate in West Virginia When There Is No Will

How to claim your share of a parent’s estate in West Virginia when there is no will FAQ-style guide: Steps, legal background, and practical tips for heirs when a parent dies intestate under West Virginia law. Detailed Answer — Who inherits and how to claim your share Short answer: When a person dies without a […]

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West Virginia: Surviving Spouse Rights When a Spouse Dies Without a Will

Detailed Answer Short answer: When a spouse dies without a will (intestate) in West Virginia, the surviving spouse has specific legal rights to inherit the decedent’s property, to participate in the probate process, and to request financial protections (like a family allowance and exempt property). The exact share the surviving spouse receives depends on who […]

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How to Be Appointed Estate Administrator in West Virginia When Your Spouse Died Intestate

How to be appointed administrator of a West Virginia estate when your spouse died intestate and their family won’t cooperate 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 […]

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How to Claim Foreclosure Surplus Funds in West Virginia When a Parent’s Estate Was Not Probated

Detailed Answer When a home in West Virginia is sold at a foreclosure sale and the sale brings in more money than the amounts owed (the mortgage, costs, and fees), the extra money is called surplus funds. If the property owner died and their estate was never probated, the surplus belongs to the decedent’s estate […]

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Transferring an Inherited Single‑Member LLC Membership Interest in West Virginia

Detailed Answer Disclaimer: This is general information, not legal advice. I am not a lawyer. For legal advice about your situation, contact a licensed West Virginia attorney. Overview of the legal framework in West Virginia When the sole member of a single‑member limited liability company (LLC) dies, the deceased member’s ownership is part of the […]

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What West Virginia Secretary of State Records and Other Documents Prove Someone Was the Sole Member of an LLC

Detailed Answer Short answer: The West Virginia Secretary of State can provide certified copies of the LLC’s formation record (Articles of Organization) and a Certificate of Existence (sometimes called Certificate of Good Standing). Those records establish that the LLC was formed and its filing history, but they usually do not list members or owners. To […]

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West Virginia: Forcing an Accounting During Probate — What You Need to Know

How to Force an Accounting in Probate in West Virginia Short answer: Yes — if you are an interested person in a West Virginia probate case (for example, an heir, beneficiary, or creditor), you can ask the probate court to require the personal representative (executor or administrator) to provide a full accounting of estate assets […]

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Becoming Administrator of a Sibling’s Estate in West Virginia

Detailed Answer When a person dies without a will (intestate) in West Virginia, the probate court must appoint an administrator to collect the decedent’s assets, pay debts, and distribute what remains under West Virginia’s intestacy rules. The court follows statutory priorities and local probate procedures when choosing who will serve. Who has priority to be […]

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