Legal Question in Wills and Trusts in West Virginia

Re: estate settlement

To answer the question asked: As long as necessary. However, there are time limits for the spouse and/or children to qualify as personal representative. If a preferred relative does not qualify within 30 days, then a creditor could qualify and be appointed to administer the estate. A person who has possession of a will of a decedent is obligated to deliver it to the named executor or to the probate court within 30 days of the death. Once qualified, the personal representative (executor/executrix with a will and administrator/administratrix without a will) has 90 days to file the inventory and appraisement. The first accounting is due within 12 months of qualification and must cover the first year of administration. The estate could be closed shortly after the time for creditors to file claims has expired, as determined by the publication notice. If not sooner closed, annual accounting is required and the County Commission could allow as long as necessary to fully administer the estate.