When is probate required?

Probate is the legal process of settling a deceased person’s estate. Probate is required in West Virginia when a person dies leaving assets that are not held in joint tenancy with right of survivorship, in trusts, or are non-probate assets. Probate assets, which must go through probate, include bank accounts, investments, real estate, and other assets owned solely by the deceased. The probate process begins with filing a petition with the circuit court in the county where the deceased resided. The petition will name the executor and list the assets and liabilities of the deceased. The court will then issue a formal appointment of the executor. The executor is responsible for collecting, protecting, and managing the deceased’s assets. Once all assets have been taken care of, the executor will pay any outstanding debts, taxes, and fees. The executor then files an accounting of all assets and expenses with the court. The court will review the accounting and then distribute the remaining assets according to the terms of the will or the laws of intestate distribution if no will exists. Probate proceedings typically take nine to twelve months, depending on the complexity of the case. Once the probate process is complete, the court will issue an order or decree closing the estate. This order or decree will serve as an official legal document indicating that the estate has been properly administered and all assets have been distributed in accordance with the law.

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