Legal Question in Wills and Trusts in West Virginia

Administratrix time to settle a estate

My father passed on 04/20/2003.

Sister was named administratrix.

Estate is still not closed/settled, creditors still not paid.

what is the legal time limit on closing an estate??

Thank you,

D


Asked on 2/18/08, 7:47 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Administratrix time to settle a estate

West Virginia requires that the Appraisement be filed within 90 days of qualification. The first report is due within 1 year and subsequent reports are due each year until closed. The reports are recorded and open for review by the public in the Miscellaneous Fiduciary Records. There is no absolute time limit, but there is a requirement that the fiduciary "well and truly administer the estate" which requires due diligence. You have the right to ask the county commission or the fiduciary commissioner or the fiduciarysupervisor (whichever is applicable) to call her in for accounting and explanation. Any discussion of some of the procedures in probate cannot be taken as legal advice because of the myriad of facts which exist around any circumstance and legal problem.

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Answered on 2/19/08, 9:42 am


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