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Steps to Create a Will in West Virginia Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses.
If compensation is not specified in the will, West Virginia sets the executor fee as a percentage of the estate's assets (other than real estate) and any income generated by the estate: 5.0% for the first $100K. 4.0% for the next $300K. 3.0% for the next $400K.
Code § 16-30-6). A no-contest clause is designed to prevent a beneficiary from contesting the dispositive provisions of a testator's will. These clauses typically provide that a contesting beneficiary forfeits a bequest under the will if the contest is unsuccessful.
Depending on the size and complexity of the estate, this process can take a few weeks to several months. In West Virginia, the executor is typically given 90 days from the date of their appointment to submit this inventory to the court.
If the judgment or order was entered by the circuit court on appeal from the county commission, such complaint shall be filed within six months from the date thereof, and if the judgment or order was entered by the county commission and there was no appeal therefrom, such complaint shall be filed within six months from ...
IMPORTANT NOTE: Notarization is NOT required for a valid will in West Virginia. A ?Self-Proof Affidavit,? which is signed by the attesting witnesses, assists with probate and is usually used.
If only one parent is living, that parent will inherit the entire estate. If no parents are living, the person's siblings or their descendants will inherit the estate. And finally, if no relatives are found, the estate property will become the property of the state of West Virginia.
Call the appropriate divisional office (shown here): You will need to provide a case name and/or number and, if known, a document number. The Clerk's Office may calculate cost and provide a copy of the document(s) upon receipt payment.