Legal Question in Wills and Trusts in Ohio

Re: Fathers will

There is no requirement in West Virginia that a person qualify as Executor or Executrix. There is a requirement that a person who has possession of a will deliver it to the executor or the county commission within 30 days of death. Failure to do so is a misdemeanor. It is not uncommon to deliver a will to the county commission and lodge it there without further probate activity. This occurs where there are no assets to administer or where the person who has possession of the will intends to contest it.

Re: Fathers will

If a beneficiary is waiting for a will to get probated and there seems to be resistance, that person can file a motion with probate court to compel production of the will.