Legal Question in Wills and Trusts in West Virginia

Re: missing will

West Virginia requires that the person who has possession of the will of a decedent produce the will by delivering it for probate or to the named executor. It must be done within 30 days and is a misdemeanor not to do so. A lost or destroyed will could be offered to probate but must be done with a suit in Circuit Court to establish its validity. The quantum of proof is higher than in an ordinary civil action and you should consult a lawyer for these purposes. I would anticipate that time is of the essence because some one could qualify as Administrator and distribute assets if you wait.