Legal Question in Wills and Trusts in West Virginia

Re: when to have a will probated

In West Virginia any person who has possession of a will of a deceased person is required to deliver it to the named executor or to the Probate Clerk in the County of residency. It is a misdemeanor not to do so. That statute does not require administration of the estate, only lodging of the will. The decision to complete administration of the estate depends upon the nature and ownership of assets. For example, if the decedent owned real estate in his name only, administration is necessary to clear title. If the decedent owned a bank account or investments in his name only, administration is necessary to recover those funds for the beneficiary because only the qualified personal representative is entitled to access those funds. Probate is the term to describe generally the process which includes the lodging of the will, qualification, return of the appraisal of the estate, paying the bills, settling accounts, collection of debt, and reporting to the court or commissioner or court. In most cases, where the sole beneficiary of a will is the surviving spouse, administration or the probate process is not complicated and can be done without a lawyer. One should at least consult a lawyer to review the circumstances to determine if it is desirable or necessary to proceed to probate.