West Virginia Affidavit by an Attorney-in-Fact in the Capacity of an Executor of an Estate

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Multi-State
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US-00484BG
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Word; 
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Description

The following form is by an affiant as an executor of an estate.

How to fill out Affidavit By An Attorney-in-Fact In The Capacity Of An Executor Of An Estate?

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FAQ

When any will heretofore or hereafter executed gives to the executor named therein the power to sell the testator's real estate, which has not been theretofore specifically devised therein, the executor may sell any such real estate unless otherwise provided in said will.

If compensation is not specified in the will, West Virginia sets the executor fee as a percentage of the estate's assets (other than real estate) and any income generated by the estate: 5.0% for the first $100K. 4.0% for the next $300K. 3.0% for the next $400K.

If compensation is not specified in the will, West Virginia sets the executor fee as a percentage of the estate's assets (other than real estate) and any income generated by the estate: 5.0% for the first $100K. 4.0% for the next $300K. 3.0% for the next $400K.

First steps for an executor Find the will, secure it, and file it with probate court. Petition to open probate, validate the will, and obtain letters testamentary. Start gathering and securing all your loved one's assets. Figure out if you will need full probate and/or a lawyer.

Executor Duties and Responsibilities Personal Representative Appointment in West Virginia. Personal Representative Duties and Responsibilities in West Virginia. Take control of assets. ... Inventory and appraise the assets. ... Pay estate debts. ... Pay expenses and taxes. ... Final accounting. ... Distribute estate assets.

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.

If an executor is appointed in the will, then that person is sworn in before the county clerk. If no executor is appointed in the will, then the person's heirs and anyone receiving gifts from the person's estate can apply at the county commissioner's office to be appointed as executor.

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West Virginia Affidavit by an Attorney-in-Fact in the Capacity of an Executor of an Estate