how to probate a will in wv without a lawyer

No, in West Virginia, you do not need to notarize your will to make it legal. However, West Virginia allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

Full Answer

Can an estate be probated without a will in West Virginia?

First, if there is a will, it must be delivered to the county clerk within 30 days of the death, and the personal representative must thereafter submit the will to probate within “a reasonable time.”. There is no specification in the West Virginia code for what “reasonable means.”.

How do you prove a will in West Virginia?

Jul 04, 2021 · 1) Petition the court to be the estate representative. The court will require the petitioner (person asking the court to appoint an official representative ) to fill out specific forms. These forms can (with the help of EZ-Probate) be filled out by you.

How long does it take to probate a will in WV?

How to Start the Probate Process in West Virginia? To begin the probate process, the executor must contact the local court office and file papers, or petitions, and the process may take a matter of weeks or even years, depending on the estate’s magnitude.

Do I need to have my will notarized in West Virginia?

You can still probate a Will or estate without an attorney, and you can still go through probate even if there is no Will. If there is a Will, the person in charge of the probate is the person named as executor in the Will. Sometimes, however, that person is unable, or unwilling to serve as executor. When that happens, the next executor in the Will (i.e. the successor executor) can …

Does a will have to be probated in WV?

Can probate be done by yourself?

How much does an estate have to be worth to go to probate in WV?

How long do you have to file probate after death in WV?

Do I need to open a bank account for probate?

Is probate needed if there is a will?

How do you avoid probate in WV?

How do you probate a will in West Virginia?

How much does probate cost in WV?

What debts are forgiven at death?

Does a will have to be notarized in WV?

How long does an executor have to settle an estate in West Virginia?

According to West Virginia probate law, what are the other requirements for a valid will?

An individual wanting to make a legally binding will must be 18 years of age or older. West Virginia requires that a valid will be in writing. You...

According to wills and probate law in West Virginia, do I have to leave my property to my spouse or children?

No. There is no law against leaving everything to strangers and leaving out the surviving spouse and other family members in a will. However, it is...

How long do you have to file probate after a person dies, according to the West Virginia probate process?

According to federal law, anyone who is in possession of an original signed will of a deceased person must file it at the county courthouse where t...

What do West Virginia probate rules require if my family doesn’t want to probate my will?

Within 90 days after your death, a person who has the will must file it with the appropriate probate court, and the court oversees the next steps....

When do you need a lawyer for probate?

We STRONGLY advise seeking legal counsel for probate if the estate is insolvent (more debts than assets).

What is the purpose of a representative in probate?

Additionally, the representative is also responsible to find out what debts the deceased had and devise a plan to pay those debts. Remember, only assets that pass through probate are liable to pay debts. Learn which assets pass through probate here.

Can you change assets owned by a deceased person?

This may be the most straightforward part. With the court appointment, you will now be able to change assets owned by the deceased to the “estate of…”

What Does Probate Involve?

When someone dies, survivors must do certain things such as arranging a funeral or obtaining a death certificate, and figuring out what to do with all the loved one’s belongings, both tangible and intangible, such as bank accounts, mortgages, and more. This is where probate comes in.

How Do Probate Laws Work in West Virginia?

Probate is the process by which assets of an individual, known as the decedent, who recently passed away, transfer to the individual’s heirs. As part of this legal process, the probate court will validate the decedent’s last will and testament, distribute assets to the heirs, and settle all debts.

When Is Probate Required in West Virginia?

Probate is not always necessary, and this is true whether the decedent died testate or intestate (died with or without a valid will).

How to Start the Probate Process in West Virginia?

To begin the probate process, the executor must contact the local court office and file papers, or petitions, and the process may take a matter of weeks or even years, depending on the estate’s magnitude.

How Long Does Probate Take?

Depending on the complexity of the case, the probate timeline may take anywhere from a few months to a year and longer.

How Much Does Probate in West Virginia Cost?

Depending on the value of the estate assets, probate can cost anywhere from 3 percent to 8 percent. Probate costs differ by state, and can include:

Frequently Asked Questions

According to West Virginia probate law, what are the other requirements for a valid will?

What happens if there is no successor to a will?

If there are no successors, then the beneficiaries under the Will must appoint someone, or go to court if they cannot agree. If there is no Will, then the heirs at law (e.g. children, surviving spouse, siblings) must agree and appoint someone to serve over the probate estate. The person appointed must consent to serve.

Who is in charge of probate?

If there is a Will, the person in charge of the probate is the person named as executor in the Will . Sometimes, however, that person is unable, or unwilling to serve as executor. When that happens, the next executor in the Will (i.e. the successor executor) can serve. If there are no successors, then the beneficiaries under the Will must appoint someone, or go to court if they cannot agree.

Can a joint account be probated?

Generally, joint accounts and accounts or assets with beneficiary designations (e.g. life insurance and retirement accounts) will avoid probate. A properly funded revocable trust will also avoid probate.

Does West Virginia have probate?

West Virginia has a probate process similar to many other states, but before we go any further, let’s ask an important question: Do you even need to probate the estate?

Do you have to go through probate if you have assets?

If the assets require probate, and they do not qualify for a simplified procedure based on the dollar values and other qualifications listed above, then you will have to go through the full probate process.

How to probate a will in Virginia?

To begin the probate process, you must get a certified copy of the deceased person’s death certificate and present this to the county clerk. If you have possession of the deceased person’s will, then you must bring this and present it to the county clerk as well. Failure to deliver the deceased person’s will to the county clerk’s office within 30 days is a misdemeanor offense. W. Va. Code § 41-5-1.

How to probate a deceased person's will?

To begin the probate process, you must get a certified copy of the deceased person’s death certificate and present this to the county clerk. If you have possession of the deceased person’s will, then you must bring this and present it to the county clerk as well.

What is an administrator executor?

The administrator/executor files an Appraisement of the Estate, listing all of the person’s probate property and its value. The administrator/executor also files a Nonprobate Inventory, which lists all of the nonprobate property and its value.The requirements for the Appraisement are listed at W. Va. Code § 44-1-14. The requirements for the Nonprobate Inventory are listed at W. Va. Code § 11-11-7.

What is the notice of administration of an estate in Virginia?

W. Va. Code § 44-1-14a. This notifies the public that the person’s estate is going through the probate process. You will have to pay a fee to the county clerk to get the Notice published. The county clerk’s office will have their fees posted in their office or on their website, if they have one.

How to be appointed as executor of a will?

If an executor is appointed in the will, then that person is sworn in before the county clerk.If no executor is appointed in the will, then the person’s heirs and anyone receiving gifts from the person’s estate can apply at the county commissioner’s office to be appointed as executor. Whoever is appointed is sworn in before the county clerk.If there is no will, then the person’s heirs apply at the county commissioner’s office to be appointed as administrator. The law gives the surviving spouse preference in this process, but any heir can apply. Whoever is appointed is sworn in before the county clerk.Form is filed, listing all of the person’s heirs and anyone receiving a gift under the person’s will.

How long does it take to close an estate in Virginia?

There two ways to close the estate: (1) final settlement; or (2) waiver of final settlement. Generally, you must close the estate within 5 years of starting the probate process. W. Va. Code § 44-4-14a.

What happens to a person's estate after death?

During the probate process, all of the person’s property goes into their estate. An estate is all of a person’s property after their death. Any debts are paid from the person’s estate and any gifts are made from the person’s estate. The probate process ends when the estate is closed.

What is probate in West Virginia?

Probate Laws in West Virginia. Probate is the legal process that transfers ownership of a person’s property to his beneficiaries after he dies. The deceased's debts and taxes are typically also paid off during the proceeding, which is usually necessary with or without a will. Each state has its own laws for probate proceedings.

How long do you have to submit a will in West Virginia?

If your loved one dies in West Virginia, you have 30 days to submit his will to the court. If you don’t, and the will was in your custody at the time of his death, you’re guilty of a misdemeanor criminal offense. The proper court is the one in the county where the deceased lived at the time of his death or -- if he didn’t live in ...

How long does it take to file a claim with the executor of a deceased person in West Virginia?

When the executor files the Estate Appraisement and Inventory forms with the court, the court clerk posts a notice in the county’s major newspaper, alerting the deceased’s creditors that they have 90 days to file a claim with the estate for the money they’re owed. Creditors make claims directly to the court in West Virginia -- and the court notifies the executor as the claims come in. The executor is responsible for paying them from estate funds. You can deny any claims that you don’t feel are legitimate, but rejected creditors can appeal to the court to try to reverse your decision.

How to close out an estate in West Virginia?

When the deceased’s debts and taxes are paid, the executor can close out the estate. West Virginia law allows you to do this in one of two ways: If you have the consent of all the estate’s “residuary” beneficiaries -- those who didn’t receive a specific item of property but rather shared in the balance of the estate -- you can ask them to sign an agreement for a short form settlement. If they won’t sign, you must take the more complicated step of filing a Proposed Final Settlement of Accounts with the court. This details all money the estate took in and what was paid out. The court clerk will run a Notice of Settlement in the newspaper and if no objections are received, the court will give you the go-ahead to distribute property to beneficiaries and close the estate.

How long does it take to file an estate appraisal in West Virginia?

One of the executor’s first tasks under West Virginia law is to complete and file Estate Appraisement and Inventory forms within 90 days of taking office. The forms list the property the deceased owned, along with each asset’s value. You don’t have to include non-probate assets -- which are those that pass directly to designated beneficiaries by some other means. For example, a life insurance policy or retirement asset might name an individual as beneficiary rather than the estate, or the deceased might have held title to property with another individual with rights of survivorship. These assets are not part of his probate estate but pass directly to the beneficiaries.

Does a deceased person have to pay off their debts in West Virginia?

The deceased's debts and taxes are typically also paid off during the proceeding, which is usually necessary with or without a will. Each state has its own laws for probate proceedings. Those in West Virginia aren’t particularly unique, with the exception that the courts in this state take on some of the administrative tasks ...

Do you have to send a copy of a will to the executor?

You must take a copy of his death certificate when you submit the will, and the will must be the original, not a copy. The court clerk keeps the will and mails notice of the death to the executor named in it, if this isn’t you. The clerk will also take care of sending notice to all the beneficiaries named in the will.

What happens if you die without a will in West Virginia?

If you die without a valid will, your estate will still require probate. However, you are said to have died “intestate,” and West Virginia’s laws on intestate succession will determine who inherits from your estate. For example, if your spouse survives you and you have no children from a previous relationship, your spouse will inherit your entire probate estate. If you were not married or your spouse does not survive you, your estate will pass to your descendants, such as your children or grandchildren. If you have no surviving spouse or surviving descendants, your estate will pass to your surviving parent (s), then to your aunts and uncles, if any.

What is the purpose of probate in West Virginia?

Probate Law in the State of West Virginia. What Is the Purpose of Probate Court? When a West Virginia resident dies, his property must pass to new owners according to the terms of West Virginia’s probate laws. These laws, found in Chapters 41 and 42 of the West Virginia Code, govern the creation of a will, who inherits from you if you don’t have ...

What happens if you don't have a spouse?

If you were not married or your spouse does not survive you, your estate will pass to your descendants, such as your children or grandchildren. If you have no surviving spouse or surviving descendants, your estate will pass to your surviving parent (s), then to your aunts and uncles, if any.

What happens when a West Virginia resident dies?

When a West Virginia resident dies, his property must pass to new owners according to the terms of West Virginia’s probate laws.

How old do you have to be to make a will in West Virginia?

In West Virginia, anyone who is at least 18 years old and mentally competent can make a will. To be valid, the will must be in writing and signed by the testator, who is the person making the will. If the will is not completely in the handwriting of the testator – for example, if part of it is typewritten – the will must also be signed by two ...

Can an executor of a will be a bond?

If you appoint an executor in your will, that person will have no powers to act on behalf of your estate until the will has been admitted to probate by a West Virginia county court and the executor has taken an oath and filed a bond with the court. The bond may not be required if you specify in your will that your executor should not have ...

Can you make a will without a will?

Requirements for a Will. Your estate can be probated without a will, but creating a valid will gives you the ability to name beneficiaries to inher it parts of your estate and a personal representative to administer your estate through the probate process. In West Virginia, anyone who is at least 18 years old and mentally competent can make a will.

How to make sure a will is valid in West Virginia?

The best way to make sure that you have created a will that is valid under West Virginia law is to work with a West Virginia probate lawyer.

Who signs a will in West Virginia?

Under West Virginia law, a will is required to be signed by the testator OR by some other person in the testator’ s presence and by his direction, in such manner as to make it manifest that the name is intended as a signature.

How many witnesses are needed to sign a will?

To be properly witnessed the testator must sign the will, or acknowledge the will, in the presence of at least two competent witnesses. The witnesses must be present at the same time, and must sign the will in the presence of the testator and of each other.

How old do you have to be to make a will in West Virginia?

Any person of sound mind and eighteen years or older is capable of making a valid will under West Virginia law. WV Code § 41-1-2 . The will can dispose of any estate to which the testator would be entitled at his death. WV Code § 41-1-1.

Do you need a will to be notarized in West Virginia?

No, a will does not have to be notarized in order to be valid under West Virginia law. However, a will can be made self-proving, which requires the signing of an affidavit stating such facts as would be required in court to establish and prove the will. WV Code § 41-5-15.

Can a testator sign a will in West Virginia?

However, if the testator is physically unable to sign the will, West Virginia law recognizes a will signed by someone else in the testator’s presence and by his direction as a valid document.

What happens if you die without a will in West Virginia?

What Happens if I Die Without a Will? In West Virginia, if you die without a will, your property will be distributed according to state "intestacy" laws. West Virginia's intestacy law gives your property to your closest relatives, beginning with your spouse and children.

How to self prove a will in West Virginia?

To make your will self-proving you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. West Virginia Code § 41-5-15.

What happens if you don't have a spouse?

If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, nieces, and nephews.

How does self proofing a will speed up probate?

A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it. To make your will self-proving you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will.

What is a will and testament?

A will, also called a " last will and testament ," can help you protect your family and your property. You can use a will to: leave your property to people or organizations. name a personal guardian to care for your minor children. name a trusted person to manage property you leave to minor children, and. name an executor, the person who makes sure ...

How to make a will?

A will, also called a " last will and testament ," can help you protect your family and your property. You can use a will to: 1 leave your property to people or organizations 2 name a personal guardian to care for your minor children 3 name a trusted person to manage property you leave to minor children, and 4 name an executor, the person who makes sure that the terms of your will are carried out.

Can you revoke a will?

If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will – this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

What happens when a West Virginia resident dies without a will?

When a West Virginia resident dies without having made a last will and testament, the intestacy succession laws found in the West Virginia Code will dictate who inherits the probate estate. Below is a summary of the West Virginia intestacy succession laws in various situations.

What to do if you are not sure of your intestate heir in West Virginia?

If you are not sure of your legal rights as an intestate heir in West Virginia, then consult with a West Virginia ​probate attorney to be sure.

How much of the probate estate will the spouse inherit?

Survived by a spouse and descendants of that spouse and the spouse has other descendants from another relationship: In this case, the spouse will inherit 3/5 of the probate assets and the descendants of the deceased person will inherit the remainder, per stirpes.

What happens if a deceased person is not survived by any family member?

Not survived by any family members: If the deceased person is not survived by any family members, then the entire probate estate will escheat to the State of West Virginia. 2  3 .

Who inherits 1/2 of probate assets?

Survived by a spouse and descendants from someone other than the spouse: In this case, the spouse will inherit 1/2 of the probate assets and the descendants of the deceased person will inherit the remainder, per stirpes.

Does West Virginia have estate tax?

West Virginia is among the majority U.S. states that do not collect an estate tax or an inheritance tax at the state level. 4  However, your inheritance may be subject to an estate tax at the federal level, and you may also owe income taxes (state and/or federal) on certain types of assets you inherit. 5 .