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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.
West Virginia law states the Will is to be recorded within 30 days of death. See WV Code 41-5-1. Option 2) Record the Will and File a Small Estate Affidavit ? Certificate of Authorization for small assets is provided.
How Long do you Have to File Probate After Death in West Virginia? 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.
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.
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.
To initiate a probate case in West Virginia, you need to obtain and file in the appropriate county a certified copy of the death certificate within 30 days of the date of death. If the decedent left a will, that should be filed in the court as well.