Legal Question in Wills and Trusts in West Virginia

Re: Widow did not file husband's Will

In West Virginia title to real estate passes at the time of death. The purpose of probate is to pay creditors and the real estate, in the absence of authority or directive in a will, can be sold to pay debts only upon petition to the Circuit Court. If the will cannot be found, then title passed to the spouse (assuming that grand father had only children with his widow). At the time of grandmother's death title passed to her heirs according to her will or under intestate succession if no will was found. Presumably this was her children if no will and the named person if there was a will. The property could, again, not be sold to pay creditors without court approval. As you see the property could be subjected to a suit by a fiduciary or a creditor who qualifies as a fiduciary. The purpose of probate of both estates is to eliminate the creditor issue and clear title. Both estates could be probated at the same time to clear title. This is complicated enough that you should consult a lawyer.