Probate in West Virginia | WV Legal Resources | FastCounsel

Distributing an Estate to Children in West Virginia: Steps for Final Distribution

How the Remaining Estate Funds Are Distributed to Children in West Virginia Disclaimer: This is general information and not legal advice. Consult a West Virginia probate attorney for guidance about your specific situation. Detailed answer — step-by-step process under West Virginia law When a decedent's taxes, creditor claims, and administration expenses are paid, the personal […]

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Do You Need to Post a Bond to Serve as Administrator of an Intestate Estate in West Virginia?

Disclaimer: This article is for general information only and is not legal advice. Consult a West Virginia probate attorney or the local probate court for guidance about your specific situation. Detailed Answer Yes — in West Virginia a court will generally require an administrator appointed for an intestate (no will) estate to post a fiduciary […]

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Factors Courts Consider When Appointing an Estate Administrator in West Virginia

What factors may the court consider when appointing an estate administrator? FAQ — West Virginia probate law Short answer When a person dies without an executor named in a valid will or when the named executor cannot serve, the West Virginia probate court appoints an administrator to manage the estate. The court looks first to […]

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West Virginia: Using Sale Proceeds to Pay Estate Cleanup and Junk Removal Costs

Can sale proceeds be used to pay estate cleanup, junk removal, and personal property disposal under West Virginia law? Short answer Yes — sale proceeds from estate property generally become estate assets that a personal representative may use to pay reasonable administration expenses, including cleanup, junk removal, and disposal of personal property. However, the payment […]

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Regaining Control of a Deceased Parent’s Bank and Credit Card Accounts in West Virginia

Regaining Control of a Deceased Parent’s Bank and Credit Card Accounts in West Virginia Short answer: Stop further misuse quickly, collect the death certificate, open probate (or confirm who is authorized), obtain court-issued letters (letters testamentary or letters of administration), present those to banks and card issuers, and pursue civil or criminal remedies if someone […]

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Handling Unauthorized Charges to a Parent's Estate in West Virginia

Overview This FAQ explains how charges that appear on a deceased parent’s accounts or that are billed to their estate are handled during probate in West Virginia, what the personal representative (executor or administrator) should do, and what options heirs have if charges were unauthorized. This is a general explanation only and not legal advice. […]

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How to Secure and Inventory a Deceased Person's House in West Virginia Before Administrator Appointment

Securing, Documenting, and Protecting a Deceased Person’s Home in West Virginia Short answer: Act quickly to secure the property, document everything, notify interested parties in writing, and file for appointment as administrator (or ask the court for temporary possession) so the court can issue enforceable orders that stop others from removing items. If a sibling […]

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How to Become the Court-Appointed Administrator of a Parent’s Estate in West Virginia

Detailed Answer Short overview: When someone dies without a will in West Virginia (intestate), the court must appoint an administrator to collect the decedent’s assets, pay debts and taxes, and distribute what remains according to West Virginia’s intestacy rules. A child of the decedent is normally eligible to be appointed administrator, but you must follow […]

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West Virginia: How Children Inherit When Someone Dies Without a Will

Disclaimer: This is general information, not legal advice. For advice about a specific estate or to protect your rights, consult a licensed West Virginia attorney. Detailed Answer — How children inherit when someone dies without a will in West Virginia When a person dies without a will (intestate) in West Virginia, state law governs who […]

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How to Get Court Approval to Sell a House and Pay the Mortgage in West Virginia

Court approval to sell estate or protected-person real estate in West Virginia: clear steps Disclaimer: This is general information, not legal advice. I am not a lawyer. For decisions that affect legal rights, consult a West Virginia attorney who can review your documents and represent you in court. Overview — when you must get court […]

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