Legal Question in Wills and Trusts in West Virginia

Re: after probate

In West Virginia, the event of death determines title to real estate. That is, if real estate is devised to someone in a will, title vests at the time of death and the recorded will is evidence and, in fact, a document in the chain of title, just as a deed would be. In the event the owner of real estate dies intestate, the recording of the appraisement constitutes proof of the heirs and ownership of the real estate. The same information could be contained in an affidavit which recites the death and survivors and heirs at law to clarify title. Vesting and ownership of real estate in that case also occurs at the time of death, even though the record title (as shown on the books of the Clerk of the County Commission) does not yet show who the heirs at law were. No deed is required in either instance. One could record a confirmatory deed or a quit claim deed to show the facts of ownership but it is not necessary.