Wills & Estates

FIDUCIARY & PROBATE...

What is Probate? It is a process that includes determining when a Will is valid as well as administering the estate of deceased person. Probate protects the rights of creditors to claim against an estate and insures any remaining assets are distributed to the person or persons entitled to receive them, either by Will or intestacy.

Probate Overview Download
Fiduciary Commissioner Handout Download
Creditor Claim Questions and Answers Download
Insolvent Estate Information Download

GETTING STARTED

Carefully read the following to prepare for qualification and appointment as Fiduciary (Executor/Administrator) of an estate. Although you may be named Executor/ix by Will you do not have legal authority to serve in that capacity until the Will is admitted to probate and you’ve signed an application, affidavit and oath for which security may be required. When death occurs the probate process should begin within thirty (30) days.


If you would like to expedite the process when visiting then please be sure to fill out/print out the documents included in the checklists before your visit.

Immediate Appointment of an Estate Representative will not be Possible in every Situation. Depending upon estate circumstances requirements for appointment will vary. Letters of Administration will not be issued until all qualification requirements are met.

Fiduciary Fee Schedule

Small Estates Overview

Appraisement Documents (Blank)

STAFF: Our staff assists in the probate process. We do not provide legal advice. Most estates are settled in less than one year, many in six months or less. An attorney is not required, but estates with extraordinary issues may require the representative seek legal counsel.

AUTHORIZATION: The Office of Fiduciary Supervisor & Probate is authorized by W.Va. Code 44, Article 3A for the purpose of aiding and assisting County Commissions in the administration of wills and estates.