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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.
During West Virginia's probate process, a court appoints a personal representative to be in charge of the estate. The representative has 30 days to begin the probate process, which starts with taking inventory of all assets and monetary accounts.
WV Specifics In West Virginia, creditors have 60 days from the first publication of the Notice of Administration of the Estate to make any claims (this deadline does not apply to secured debt, such as a mortgage).
What are the steps in probate? Contact the County Clerk's Office to Start Probate Process. Take the will (if there is one) to the county commissioner's office and present it to the county clerk. ... Fill out the Small Estate Affidavit. ... Settle Any Claims Against the Estate from Creditors. ... Distribute the Remaining Property.
The person's creditors have 60 days to file a claim against the person's estate, alleging that the person owes them money. The administrator or executor can challenge any claims. The administrator/executor pays any and all claims against the person's estate for debts and pays any taxes due.
Creditors must file claims against the estate within two (2) years. They must file in Circuit or Magistrate Court. The Small Estate Affidavit serves as the appraisement of the estate. There will be no accounting from the clerk's office.
Procedure for Contesting a Will in West Virginia To initiate a will contest or an impeachment of the will, the objectant must submit a written objection. The objection must state the reasons for the objection. Generally, a will contest must be filed within six months from the date of the probate order.