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To initiate a probate case in West Virginia, you need to obtain and file in the appropriate county a certified copy of the death certificate within 30 days of the date of death. If the decedent left a will, that should be filed in the court as well.
In West Virginia, the executor, also referred to as the personal representative, is appointed by the probate court to settle the affairs of the decedent.
In West Virginia, the average cost of a will ranges from $300 to $1,000, and the average cost for a trust can be between $1,000 and $3,000. Snug is an affordable option for estate planning, offering a platform that helps you create customized wills and trusts without the high costs of hiring an attorney.
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.
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.
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.
There two ways to close the estate: (1) final settlement; or (2) waiver of final settlement. Generally, you must close the estate within 5 years of starting the probate process. W. Va.