West Virginia Sample Letter for Estate Administration
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How to fill out Sample Letter For Estate Administration?
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FAQ
You might be able to avoid probate in West Virginia by: Establishing and funding a Revocable Living Trust. Titling property smartly: in Joint Tenancy.
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.
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.
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.
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.
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.
If an executor is appointed in the will, then that person is sworn in before the county clerk. If no executor is appointed in the will, then the person's heirs and anyone receiving gifts from the person's estate can apply at the county commissioner's office to be appointed as executor.
It is necessary to probate an estate when the decedent has solely-held assets; that is, assets that do not have a joint or co-owner with rights of survivorship, a beneficiary (on the security or account, not in the will), or pay-on-death designee.
