How Can You Obtain Appointment as Administrator in West Virginia When a Higher-Priority Heir Exists?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Under West Virginia law, the court appoints an administrator in intestate estates according to a strict order of priority. See W. Va. Code § 44-2-2. A surviving spouse has first priority, followed by children, grandchildren, parents, siblings, and more distant […]
Read article →How Can a Guardian or Guardian ad Litem Be Appointed to Manage a Minor’s Interest in an Estate in WV?
Disclaimer: This article is for informational purposes only. It is not legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Under West Virginia law, when a minor holds an interest in a probate estate, the circuit court must appoint a guardian of the estate or, in contested matters, a guardian […]
Read article →What Steps Protect a Minor’s Inheritance When the Decedent Did Not Leave a Will in WV?
Disclaimer: This article is for educational purposes and does not constitute legal advice. For guidance tailored to your situation, consult a licensed West Virginia attorney. Detailed Answer When an individual dies without a valid will (intestate), West Virginia law directs how assets pass to heirs under the intestate succession statutes (WV Code § 42-1-3). If […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in WV?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in West Virginia for guidance. Detailed Answer In West Virginia, several legal checks and balances ensure an estate administrator fulfills duties and adheres to bond requirements. These mechanisms protect heirs, creditors, and other interested parties by providing […]
Read article →Can a personal representative seek a commission on estate assets and sale proceeds in West Virginia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified West Virginia probate attorney for advice on your specific situation. Detailed Answer Under West Virginia law, a personal representative (PR) may seek reasonable compensation—often called a commission—for services rendered in collecting, managing, and distributing estate assets, including proceeds […]
Read article →What Steps Are Required to Locate, Inventory, and Distribute Estate Assets and Settle Debts in West Virginia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer 1. Appoint the Personal Representative Under West Virginia law (W. Va. Code §44-2-1), an interested person files a petition in the county probate court where the decedent resided. The court appoints a personal representative (PR) and issues letters of […]
Read article →How Do Intestacy Rules Apply in West Virginia If No Valid Will Is Found?
Detailed Answer When someone dies without a valid will in West Virginia, the estate passes under the state’s intestacy laws. These rules, found in West Virginia Code Chapter 42, Article 1, dictate exactly who inherits and in what proportions. The probate court supervises this process and ensures creditors are paid before distributing assets. 1. Locate […]
Read article →Which Court or County Office Handles Estate Administration and Unclaimed Property Claims in WV?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Estate Administration in West Virginia In West Virginia, estate administration falls under the jurisdiction of the Circuit Court in the county where the decedent resided. Each Circuit Court has a Probate Division, and the County Clerk’s Office serves as the […]
Read article →What steps are required to open an estate proceeding when no probate case exists in West Virginia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When someone dies leaving property in West Virginia and no probate case exists, you must open an estate administration proceeding. West Virginia Code Chapter 44 governs this process. Determine the Need for Administration: If the decedent died intestate (without […]
Read article →What documentation is required to apply for letters of administration in West Virginia?
What Documentation Is Required to Apply for Letters of Administration in West Virginia? Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer When an individual dies without a valid will in West Virginia, interested parties must apply for […]
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