West Virginia Probate - Probate in West Virginia
If you are currently in a situation where you’ll be dealing with the West Virginia state court system in relation to a probate or estate related matter, or if you think that you will be in this kind of situation in the near future, it is important that you hire an attorney that knows the ins and outs of West Virginia probate law.
Probate law has to do with the handling of an estate when someone, such as a family member or other loved one, passes away. These are the laws that make sure that the creditors are paid properly and that assets are distributed to the “heirs,” or the descendant. When you find yourself in a situation where you’ll be dealing with probate law, it’s a good idea to already have in mind what you are going to need to do.
What exactly is Probate? Probate is a legal process that begins with a “petition” (a request) to open the estate and name a personal representative who is responsible for the administration of the deceased’s property. The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
While on one hand, this may sound simple, probate law and the handling of estates is in fact a complex system, which presents you with multiple requirements and tasks to be preformed by the personal representative, an experienced attorney and a tax consultant. For example, an estate including only a single house and single bank account that has been left to a single beneficiary will probably be a far easier and quicker process to deal with than an estate containing multiple houses that are located in various states, and that are left to multiple beneficiaries. This becomes especially difficult if an estate includes leaving assets to a minor.
Probate Law in West Virginia
When dealing with the West Virginia state probate process, there are some important aspects that should be clear on. First of all, you should be aware of the importance of understanding how the procedure works. Without this knowledge, the process will be a difficult one, given that you will not be able to prepare for your course of action.
You should also know who is allowed to make a will in West Virginia, and to what property a will is applied. People who are not familiar with wills should consider hiring an attorney who will be able to provide the services and assistance necessary to do so. It is also important to know about the revocation of wills and in particular, what the grounds are on which wills are revoked. The revocation of a will can be a determining factor in the probate of an estate, which is why it’s essential to be familiar with it.
Finally, it is advantageous to know about intestate estates. People who don’t know much about West Virginia law, much less legal processes, find that attorneys are invaluable given their extensive legal training and experience with these kinds of matters.
There are two major factors that contribute to the importance of understanding how West Virginia probate processes work. The first of these factors pertains to the formal nature of all written documentation that is required by the state of Virginia. Every document submitted to the courts must be written in a legal format as defined by the state statutes. This is necessary in order for any probate process to advance through the system. Documents that do not follow these guidelines will require additional work and resubmission of papers that will cause significant delays in your case.
The second factor, which contributes to the importance of understanding how West Virginia probate procedures work, has to due with the time limitations that the state places on almost all procedures in the probate process. When these deadlines are not met, penalties result as well as having to repeat various procedures. Therefore, it is best to hand all documentation in on time and have it written correctly. People often benefit from having an attorney handle their case to be sure that all requirements are met properly and efficiently.
According to West Virginia state probate law, anyone who is at least 18 years of age and of sound mind is allowed to create a will in the presence of a judge and at least two witnesses. The will needs to be signed by the testator (the person making the will) and the witnesses. Or, if the testator is incapable of signing the will on his own, someone else is allowed to sign it, as long as it is indicated in the will that the testator has agreed to this.
At the signing of the will, it is a good idea to have an attorney present, because if you encounter a technicality that you don’t understand, your attorney will be able to explain it to you and be sure that what you are doing is in your best interest. People who don’t hire attorneys and try to face the West Virginia state probate system on their own, run the risk of making costly mistakes, given their lack of experience in the field of probate law.
If you’re dealing with the West Virginia state probate system, it will also be necessary for you to make sure that you fully comprehend the revocation of a will. In order for a will to be revoked, a formal written document must be submitted to the probate court handling the case for approval by the judge.
You are going to want to know about “intestate” estates, if you’re dealing with the West Virginia state probate system. “Intestate” refers to someone who passes away without having written a valid, legal will. According to West Virginia probate code, any part of the decedent’s estate that is not included in a valid will is to be distributed to the decedent’s heirs in the manner that is described in the statutes. This is important, given that many people do not bother to write a last will or testament; though it is definitely a good idea to do so.
As you can see, handling Probate laws is not an easy thing to go through or deal with, which is one of the many reasons why it’s often a good idea to hire an attorney experienced in the field of West Virginia probate law to help you with the matter. Having an attorney on your side will help you make sure that the estate and assets of your loved one’s particular case are handled in a proper and legal fashion.
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West Virginia Probate Lawyer Areas Served
West Virginia Cities Served By A 1800 Probate Lawyer
| Charleston | Huntington | Parkersburg |
| Wheeling | Morgantown | Weirton |
| Fairmont | Beckley | Clarksburg |
| Martinsburg | South Charleston | Teays Valley |
| St. Albans | Bluefield | Vienna |
| Cross Lanes | Moundsville | Dunbar |
| Oak Hill | Bridgeport | Elkins |
| Nitro | Cheat Lake | Pea Ridge |
| Princeton | New Martinsville | Buckhannon |
| Grafton | Keyser | Hurricane |
| And Many More! | ||
|---|---|---|
West Virginia Counties Served By A 1800 Probate Lawyer
| Barbour County | Berkeley County | Boone County |
| Braxton County | Brooke County | Cabell County |
| Calhoun County | Clay County | Doddridge County |
| Fayette County | Gilmer County | Grant County |
| Greenbrier County | Hampshire County | Hancock County |
| Hardy County | Harrison County | Jackson County |
| Jefferson County | Kanawha County | Lewis County |
| Lincoln County | Logan County | McDowell County |
| Marion County | Marshall County | Mason County |
| Mercer County | Mineral County | Mingo County |
| Monongalia County | Monroe County | Morgan County |
| Nicholas County | Ohio County | Pendleton County |
| Pleasants County | Pocahontas County | Preston County |
| Putnam County | Raleigh County | Randolph County |
| Ritchie County | Roane County | Summers County |
| Taylor County | Tucker County | Tyler County |
| Upshur County | Wayne County | Webster County |
| Wetzel County | Wirt County | Wood County |
| Wyoming County |
