Legal Question in Wills and Trusts in West Virginia
Purchasing real estate outright from the estate
I am the administratrix of my uncle's estate. I have partial ownership of some land with the remaining share of said property being held by the same uncle. My question is-if the other heirs are willing to sell their share of this property to me (and I have spoken to each one and they are willing to do so), can I buy them out? OR do I have the right to say that I am purchasing his remaining share at the appraised amount and pay the estate? Or does this have to go to probate court? We have so much invested in this property already-we hate the thought that we might lose it.
1 Answer from Attorneys
Re: Purchasing real estate outright from the estate
Your question implies that your uncle held an undivided interest with you in real estate prior to his death. The ownership was not in survivorship and his fractional interest is a probate asset and listed on schedule A of the 6.01 West Virginia probate appraisal forms. Title vests at the time of death in and to the heirs of your uncle. They are free to convey their interests to anyone, including you. The real estate is subject to administration by you but only if it is necessary to sell real estate to pay estate claims and expenses. Any such sale by the Executrix to pay bills does require court approval. Sale by the heirs does not. You should consult a lawyer to discuss these matters.
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