West Virginia Provision of Agreement to Devise or Bequeath Property to Person Performing Personal Services
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How to fill out Provision Of Agreement To Devise Or Bequeath Property To Person Performing Personal Services?
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FAQ
Can I write my own will? Yes. A will that you write yourself is called a holographic will. Holographic wills are not valid in every state, but they are valid in West Virginia, as long as they are written entirely in the author's handwriting.
There two ways to close the estate: (1) final settlement; or (2) waiver of final settlement. Generally, you must close the estate within 5 years of starting the probate process. W. Va.
West Virginia state law does not have a deadline for the maximum time allowed for the probate process to occur. In general, smaller, simple estates with no disputes between beneficiaries can be settled and closed within a matter of weeks.
As an Executor, you should ideally wait 10 months from the date of the Grant of Probate before distributing the estate.
Since every estate is different, the time it takes to settle the estate may also differ. Most times, an executor would take 8 to 12 months. But depending on the size and complexity of the estate, it may take up to 2 years or more to settle the estate.
NOTARY REQUIREMENTSThere is no requirement for a will to be notarized in West Virginia, unless the will contains a self-proving affidavit. The self-proving affidavit must be notarized (W. Va. Code § 41-5-15).
Then the court can decide to allow the executor to distribute the assets without having to go through the regular probate process. If the executor gets permission, they must then file an affidavit, no sooner than 60 days after providing any notice required by law to close the estate.
