Legal Question in Wills and Trusts in West Virginia

Re: Famliy Law

Ownership of real estate vests instantly upon death of the decedent. If the will names devises of the property they take the interest at that time. The ownership interest can then only be divested with a deed or death of the owner. Of course a voluntary deed from the owner will effect the transfer, that should be clear and within common understanding. However, during the administration of an estate, if the personal representative is required to sell real estate to settle the claims against the estate, he or she could petition the Circuit Court, naming all the owners as parties to the suit, to ask the court for consent to sell the property to settle the estate. The court could then order the sale and authorize the personal representative to issue the deed to the new owner. This would divest the original heirs from ownership. The heirs could require a public sale and would be entitled to their share of the proceeds following satisfaction of the debts and costs of the estate. In the event the personal representative has enough funds on hand from the cash of the estate or from sale of personal property the real estate cannot be taken by the to administer the estate. (The personal representative must sell all personal property to raise cash prior to asking for the sale of real estate) The answer to your question is no, not without a court order.

Any co-owner of an undivided interest in real estate could seek partition. If a person goes in with some one and takes title jointly or with more than one other person or just inherits some share of real estate, the result is the same. That person could petition the circuit court to divide up the property such that each person owns all of a smaller tract free and clear of the others. This rarely happens. The usual result of a partition suit is a court ordered public sale. Any of the co-owners could bid and buy the entire interest. The proceeds are divided up by the court according to the respective ownership percentage interests.