Legal Question in Wills and Trusts in West Virginia

Re: Probate Records

In West Virginia Probate is administered by the County Commission. If a will was presented and admitted to probate, the original will be retained and a copy spread of record. The wills are indexed in the clerks office and the County Clerk or his or her assistant will help you find it as well as make a copy for you. Any person who has possession of a will, of a deceased person, is obligated to present it to the County Commission for probate in the county of the residence of the decedent.

If the estate is administered without the presentment of a will, property passes according to statute to the heirs at law. Title to real estate vests upon death, subject to possible probate administration. Title to real estste may vest in and to the person named in the will to receive it or by intestate succession to the heirs at law. Personal property vests in the personal representative for purposes of administration. In West Virginia, an appraisement of the estate is required to be filed within 90 days of qualification.

A copy of the appraisement is a public record as is the will and also available through the clerk. Tom Zimmerman