|
<< Back
to County Clerk
Probate (Wills)
Probate Office Staff |
We'll help you administer an estate, with or without
a will. Remember that the estate should be administered in the
county where the person lived.
A Quick Look at Wills
When a person dies, an estate is created. Now, an estate includes property
that the decedent owned, and the law requires that someone must administer the
estate.
- By the way, administration is the process of
paying the decedent's outstanding debts and distributing the remaining
property.
- The person in charge of the administration is called
an administrator (if there's no will) or an executor/executrix (if
there is a will). Because the administrator or executor holds a position
of trust, a person with either title is often called a fiduciary.
After the fiduciary is appointed to administer the estate,
he or she must file an Appraisement and Inventory Form within 90 days of qualification
and completing final settlement.
There is a fee to administer an estate, record and publish an appraisement,
or to record a final settlement.
If there's no will, the decedent is said to have died intestate, and
his property passes by statutes called the laws of intestacy.
What We Do
We don't create wills, but we do record them after someone dies. If you're interested
in writing your will, we suggest you talk with an attorney. Here's a link to
the West Virginia Bar Association, or check the Yellow Pages in the phone book.
You have a couple of other options, too, including buying a do-it-yourself will
kit at office supply stores or finding software that will help you draw up a
will. If you have any questions at all about what to include or how to make sure
what you have is correct, you probably should visit an attorney.
We're open from 8:30 a.m. to 4:30 p.m. Monday through Friday, and we look
forward to helping you. Visit us in Room 204 or call (304) 424-1898.
Administering an Estate
How To File a Will
- Bring the original will. This document stays in the probate office, so
you should make a copy for yourself before arriving. If you don't have access
to a copier, we can do that for you for a fee.
- Bring a copy of the death certificate. If it's not available, then make
sure you have the social security number and the date of death.
- Bring the addresses of all heirs.
- Allow about 30 minutes for your initial visit.
Remember:
- All typed wills require two witnesses.
- A will should have an affidavit of witnesses attached. (This is merely
where the two witnesses have signed in front of a Notary Public, and the
Notary also puts his signature on it to certify it.) If not, then the two
witnesses must appear in person at this office. If they aren't living or
can't be found, then two people must appear in person at this office to guarantee
the signature is authentic.
- A "holographic" will (another word for handwritten) requires two people
to appear in person at this office to guarantee the handwriting and signature
are authentic.
- If a will is probated in another state but refers to real estate in Wood
County, you must bring an authenticated copy of the will from the original
county/state where it was probated.
- When there's no will, the person qualifying as administrator must post
a bond. For surety on the bond, he or she will need a corporate surety bond
(an insurance company) or West Virginia property owners can encumber their
own real estate as bond.
If you have questions, please call. We'll do our best to help you.
<< Back to County Clerk
|
