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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.
Note: Virginia does not issue ?letters testamentary?. A qualification certificate stamped with the seal of the Court is issued showing that an executor or administrator has been qualified, posted bond and has authority to act on behalf of the estate.
Letters of Administration are given at the time of the appointment that prove authority to handle the affairs of the estate. Appraisement of the Estate & Non-Probate Inventory of the Estate WV Code § 44-1-14: The Appraisement of the Estate forms and instructions are given at the appointment.
It is necessary to probate an estate when the decedent has solely-held assets; that is, assets that do not have a joint or co-owner with rights of survivorship, a beneficiary (on the security or account, not in the will), or pay-on-death designee.
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.
Real property solely in the name of the person who died, personal property owned solely by the decedent, and. personal bank accounts that must be divided or retitled to beneficiaries during the probate process.
A West Virginia small estate affidavit, also known as a 'short form settlement', is a form that can be used to hasten the distribution of an estate worth $50,000 or less in the State of West Virginia.
It is necessary to probate an estate when the decedent has solely-held assets; that is, assets that do not have a joint or co-owner with rights of survivorship, a beneficiary (on the security or account, not in the will), or pay-on-death designee.