Executor Duties in West Virginia

Main duties and deadlines for a West Virginia personal representative: take the oath and give bond unless excused; within 90 days after qualifying, return to the clerk of the county commission (or fiduciary supervisor) the appraisement of the decedent's real estate and probate personal property on the Tax Commissioner's form, listing date-of-death fair market values (including nonprobate real estate such as survivorship property); the clerk publishes a notice of administration once a week for two successive weeks, and the personal representative mails a copy within 60 days after first publication to the spouse, beneficiaries or heirs, any trustee of the decedent's trust, and reasonably ascertainable creditors; creditors must file claims within 60 days after first publication; if needed, the estate is referred to a fiduciary commissioner to determine claims and shares; and the estate is closed by a waiver of final settlement, a report and affidavit of payment, or a settlement confirmed by the county commission.

In West Virginia, wills are probated and personal representatives qualify before the county commission or its clerk in the county with jurisdiction. With a will, the named executor qualifies; without one, administration is granted to the distributees who apply, preferring the surviving spouse and then the others the commission or clerk chooses, and if no distributee applies within 30 days after death, to a creditor or other fit person. The representative takes the oath and gives bond unless excused (for example, when the will waives bond, unless the commission requires it). A named executor may live outside the state; nonresidents generally must give bond with corporate surety, with exceptions for close family and sole beneficiaries. The West Virginia DMV requires a certified copy of the court appointment as proof of authority.

Claims must be filed within 60 days after the date of first publication of the notice of administration. A creditor who does not present a claim by the deadline in the notice is barred from recovering from the personal representative, except that a creditor with no actual notice may in limited cases recover from any undistributed surplus. Objections to the personal representative's qualifications or to venue must be filed within 60 days after first publication or 30 days after service of the notice, whichever is later.