The beneficiaries of a Will that has been probated and is being administered in a estate proceeding have the right to contest an accounting of the Executor of the Will and Estate.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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However, West Virginia does not have a central repository for court records, unlike other states. Instead, you will need to contact the court clerk in the county where the case was filed to obtain copies of court records.
Under federal law, all civil actions have a filing fee of $400.00. You can pay the filing fee by credit card or money order. Money orders must be payable to "Clerk, U.S. District Court".
In general, claims are limited to disputes up to $5,000. However, natural persons (individuals) can claim up to $10,000. Corporations, partnerships, unincorporated associations, governmental bodies, and other legal entities cannot claim more than $5,000.
Small claims rules and procedures are simpler than other courts. The hearing is informal. There is no jury. Parties represent themselves without lawyers.
In West Virginia, small claims court is called magistrate court. You may file in magistrate court on your own for anything that is $10,000 or less.
They hear misdemeanor cases, conduct preliminary examinations in felony cases and hear civil arguments with $10,000 or less in dispute. Cases lost in magistrate court can be appealed to circuit court.
