West Virginia Sample Letter for Petition to Appoint Administratrix
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How to fill out Sample Letter For Petition To Appoint Administratrix?
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FAQ
Appoint an Administrator/Executor If there is no will, then the person's heirs apply at the county commissioner's office to be appointed as administrator. The law gives the surviving spouse preference in this process, but any heir can apply. Whoever is appointed is sworn in before the county clerk.
When any will heretofore or hereafter executed gives to the executor named therein the power to sell the testator's real estate, which has not been theretofore specifically devised therein, the executor may sell any such real estate unless otherwise provided in said will.
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.
Letters of Administration are given at the time of the appointment that prove authority to handle the affairs of the estate. Appraisement of the Estate & Non-Probate Inventory of the Estate WV Code § 44-1-14: The Appraisement of the Estate forms and instructions are given at the appointment.
If such will directs the sale of testator's real estate but names no executor, or names an executor and the executor dies, resigns or becomes incapable of acting, and an administrator with the will annexed is appointed, the administrator with the will annexed may sell such real estate as aforesaid.
Assets won't need to go through probate if they are listed in a will or living trust. Additionally, West Virginia does not require probate for estates worth less than $100,000. Real estate assets do not count toward the $100,000 total.
The difference is the way in which they have been appointed. An Executor is nominated within the Will of a deceased person. If there is no Will, an Administrator is appointed by a Court to manage or administer a decedent's estate.
If there is no will, the court will appoint an estate administrator. Typically, a person has to apply to the court to be an administrator, usually a spouse or other family member.
