So someone you know has passed and there’s no will that you can find. You know creating will is one of those things people tell themselves they got to do but many don’t get around to it. It happens a lot. Howard Hughes, Sonny Bono, Picasso all passed without a will as did Abraham Lincoln, one of the most famous lawyers of our time.
So unless property is owned jointly, is in a trust or has been contracted or designated to be paid on death to someone, that property will have to go through probate with or without a will.
If there is no will and thus no executor named the first order of business is to determine which heir will act as the administrator tasked with the job of settling the estate. The same job as an executor would do and anyone can apply to be the administrator but the surviving spouse is the first in line entitled to apply for appointment as administrator.
If there is no surviving spouse, then a descendant of the deceased would be given preference. If there are multiple descendants, then a decision really should be made among the heirs, which one will act as administrator and then all of them need to sign a notarized document saying they are waviing their interest in being appointed as administrator and indicate who the administrator should be.
If there’s disagreement among the heirs and several file a request to act as administrator, then the court will decide who gets the job. But if the heirs can agree among themselves who will be the administrator, it’s a whole lot better and faster.
So the timeline looks something like this. You’ll go to the probate office and apply for appointment as administrator.You’ll need a valid photo i. D. The state issued death certificate showing the decedent’s residence, their marital status and social security number. You’ll need to provide to the best of your knowledge an estimate of the probate estate. And since there is no will listing the heirs, the state of west virginia intestate succession law determines the distribution of assets. So you’ll need to get a copy of that succession chart because another requirement for the administrator is to provide the name, address, and relation to the descendant of each person qualified to inherit any assets.
There’s a copy of that, the succession chart on our website and I’ll give you that link at the end of this video. So after submitting those documents, you’ll be required to post a surety bond and that’s an insurance policy to protect the heirs from any misconduct by the administrator.
The cost is going to depend on the size of the estate. Berkeley county allows a bond to be provided by a person you know who has title to real estate in west virginia. There’s no fee required for that type of bond and to find out more about that contact the fiduciary office and they will give you more details of how that works. Then the process proceeds the same as if you were an executor acting on behalf of a will – you receive the letter of qualification which you’ll need to gain access to the deceased assets, bank accounts, stocks, c. D. S etc also you’ll be able to sell any real estate owned by the deceased.
So you’ll open an estate bank account so all funds will be in one account. The probate office will issue a notice in the local paper that probate is opened so that creditors can come forward to collect any outstanding debt and they have 60 days to do that. You’ll pay those debts. Also you’ll need to address any taxes owed by the deceased.
So that’s gonna involve figuring the value of his assets and income and deductions in the year up to the date of his death. When all debts are paid and taxes dealt with anything left will be distributed to the heirs according to the west virginia law of succession.
And you can access that information on our webpage designated for inherited property information. That address is InheritedRealEstateWV.com There’s a video on that website and a brochure that walks you through the probate process.
Also the packet you’ll get when you visit the probate office in berkeley county. You can download that at InheritedRealEstateWV.com or you can pick it up at the fiduciary office at 400 stephen st. Martinsburg. And I’m here if you have any questions – my number 304-264-2828 okay thanks.
