Legal Question in Wills and Trusts in West Virginia
time limit for posting death notice to creditors
My grandmother passed April 2 of 2008.My uncle being the executor.Probate was started within a couple weeks of her death.But the publication of the notice to creditors is just now being published in the papers, almost 3 months after probate started. Is there a time limit to posting the death notice?? And why would he wait so long to do this?
Thanks for your help.
1 Answer from Attorneys
Re: time limit for posting death notice to creditors
Ordinarily, in West Virginia, publication does not occur until return of the Inventory and Appraisement of the estate. The Inventory and Appraisement is not due until 90 days after qualification. It sounds like your uncle is on track. He is required to submit a report which shows all activity in the estate for the first twelve months. The report is due fourteen months after qualification. It is not uncommon for the estate to close prior to that time if the assets have been fully administered and all estate expenses paid. In a small estate or where there are a limited number of heirs or where there are no complications, the estate could close shortly after the time for creditors to file has run as shown in the publication or 90 days after published.