Legal Question in Wills and Trusts in West Virginia

Re: wills

Your question raises several questions. The 30 day limit is the time within which a person holding a will must deliver it to the executor or lodge the same with the County Commission of the county of the decedent's residence. Failure to do so is a misdemeanor. In my opinion the executor has a duty to present it to the County Commission but does not have a duty to qualify and administer the estate. Real estate is vested at the time of death. The vesting in and to the intestate heirs, the devisees named in a will or in the survivor of a survivorship deed. If the real estate was held in joint title with right of survivorship, not just in more than one name, then vesting occurs in the survivor as a result of the death and title relates back to the date of the deed. (any opinion along these lines must be based on review of all facts and the documents themselves) If title passes by way of survivorship, it is not a probate asset and administration of the estate is not necessary to clear title of claims against the decedent or the estate.