When is probate required for real estate?

Probate is the legal process of settling a deceased person’s estate, including the distribution and/or transfer of assets. In West Virginia, probate may be necessary if a deceased person owned real estate, either in their own name or as part of a trust. In most cases, if the estate consists of real estate properties in West Virginia, probate will be required before the transfer of ownership can be completed. The West Virginia probate process must be started within 90 days of the date of death, or the executor or personal representative, may be subject to a fine. In some cases, the West Virginia probate court may grant an extension for starting the process if there is a valid reason for the delay. In addition, probate is only required if the value of the real estate, along with any other assets, is greater than $5,000. The probate process may be a complex and time-consuming process, so it’s important to work with an experienced West Virginia probate attorney who can help guide you through the process. The probate court will decide which assets are subject to probate, as well as how the assets will be distributed among the beneficiaries. The probate court will also handle any matters of dispute between beneficiaries, creditors, and other parties that may be involved in an estate. Once the probate process is completed, the executor or personal representative will be able to transfer the ownership of the real estate to the rightful beneficiaries.

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When is probate required for real estate?

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