Charleston Probate Lawyer

Charleston Probate Attorney

Going through probate can be difficult, especially if you do not have an experienced Charleston probate lawyer by your side throughout the process. The goal is for the probate process to go as smoothly as possible, but if somebody contests the contents of the will, it can interrupt your grieving process and add unnecessary complications to probate. If you are dealing with a recent loss and upcoming probate, a lawyer can help you settle things.

What Is Probate in West Virginia?

Probate is a court-led process of verifying the last will and testament of the recently deceased. It allows for a hopefully smooth transfer of someone’s assets and property after they pass away. It also ensures that the person’s outstanding debts are paid to the right people and all funeral expenses are settled. During the process, the deceased’s property goes into their estate, which is essentially all of that person’s known assets. The process ends when the estate is closed.

Alternatively, the West Virginia Small Estate Act may apply if the deceased had minimal assets. If the total fair market value of the deceased’s estate doesn’t exceed $50,000 in personal property or $100,000 in real property, the estate may be considered small. Through this act, you may be able to simplify the probate process. Your estate planning lawyer can help you make sense of the deceased’s estate and assist in handling a small estate if the act applies to your situation.

The Probate Process in West Virginia

Above all, you’ll want to be sure that you are filing probate in the proper county. In most cases, probate will happen in the county where the deceased was living at the time of their death or the county where the deceased owned property. If you are unsure about where to file a probate, speak to your lawyer. They can help you contact the county clerk. The probate process may vary slightly from county to county, so you need to know the process specific to your county.

The probate process begins with getting a certified copy of the death certificate and presenting it to the county clerk. You can bring the clerk a copy of the last will and testament from there. If you fail to bring the will within 30 days, you could be charged with a misdemeanor offense and could face a fine of up to $200. The general steps in the probate process continue from there:

• Appoint an Executor: If an executor is appointed to the will, that person will be sworn in by the county clerk. Generally, the deceased’s surviving spouse is given preference to execute the will, but any surviving heir can apply to do so, especially if no executor is named in the will already.
• Appraise the Estate: The will’s executor will file an appraisal of the estate, which will list all of the deceased’s substantial assets under probate and their estimated value. The executor will also file a non-probate inventory, which will list all of the assets not involved in probate and their value.
• Settle Debts: Once the estate has been valued, creditors will have 60 days to claim a portion of the estate. The executor can challenge any claims, but they will have to pay any claims against the estate using the asset value of the probate property. They also have to pay any taxes that may be due and funeral expenses. The probate process cannot proceed until all debts are settled.
• Close the Estate: Once all creditors have been paid and there are no more outstanding debts, the estate can be finalized and closed. This can be done in one of two ways. First, a final settlement is filed, listing everything paid out from the property, including debts, gifts, and taxes. The other is to file a waiver of final settlement, which states there are no more debts and everyone who is getting something from the will knows what they get.

FAQs

Q: How Much Does a Probate Lawyer Cost in West Virginia?

A: There is no telling how much a probate lawyer might cost in West Virginia. Every probate case is different. Some estates may be considerably more valuable than others and thus may be harder to close out. Every probate lawyer will provide you with a fee that will be unique to them, as they have to take into account their experience, their caseload, and the amount of resources they may need to devote to your case.

Q: Do I Need a Lawyer for Probate in West Virginia?

A: No, you do not need to hire a lawyer to oversee probate in West Virginia. The state does not require you to retain a lawyer to handle probate. Still, it is recommended that you hire one anyway, as the probate process can be long, difficult, and confusing. Having someone on your side who understands the complexities of probate and can foresee setbacks can only help in the long run.

Q: How Much Does an Estate Have to Be Worth to Go to Probate in West Virginia?

A: For an estate to go to probate in West Virginia, it has to be worth at least $100,000, including the value of any real estate. If the estate is worth less than $100,000, it can undergo a simplified process involving a personal representative filing an affidavit outside of probate court. There are other instances where probate court may be avoided. For instance, if there is a sole beneficiary named in the will.

Q: How Long Does Probate Court Take in West Virginia?

A: Probate court can take as long as it needs to take to finalize the deceased’s estate fully. Depending on the amount of significant assets and the estate’s overall value, it could take longer to finalize, especially if there are disagreements over who gets what. A good probate lawyer can help streamline the process.

Reach Out to Wooton, Davis, Hussell & Johnson, PLLC, Today

The legal team at Wooton, Davis, Hussell & Johnson, PLLC in Charleston, WV can provide you with assistance in your probate case and help ensure a smooth transition. Contact us to schedule a consultation today.