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West Virginia Probate Questions & Answers
2 Answers | Asked in Probate and Real Estate Law for West Virginia on
Q: What deed is needed to transfer inherited property to my name in WV?

I inherited property from my mother, as specified in her will, which has already gone through probate. My brother was also listed as a beneficiary, but I bought out his share (through an attorney), and we have documentation of this transaction. There are no disputes or mortgages on the property,... View More

Anthony M. Avery
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answered on Oct 16, 2025

The Will Book, Page Number of the probated Will should be your source of title if you stated the correct facts. The Executor might also give you a Deed from the Estate. Consult with a WV attorney and search the title. Start paying property taxes.

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1 Answer | Asked in Probate and Estate Planning for West Virginia on
Q: Can an executor in West Virginia gift a vehicle with no will to a specific beneficiary?

I am the executor of an estate where there is no will or legal document specifying the distribution of a vehicle. I would like to gift the vehicle to the daughter, who, along with a son, are the beneficiaries. The letter of administration is set up, and the vehicle was purchased with the... View More

James L. Arrasmith
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answered on Sep 22, 2025

In West Virginia, when someone dies without a will, their estate is distributed according to the state’s intestacy laws. As the executor with a letter of administration, your role is to manage and distribute the estate according to those laws, rather than make gifts based on personal preference.... View More

1 Answer | Asked in Probate and Real Estate Law for West Virginia on
Q: Legal steps to take possession of a house abandoned by a lifetime rights holder in WV.

My brother passed away and left his wife lifetime rights to the house on our family land. She has moved out, padlocked the house, and stopped communicating with us, while buying another house over two months ago. The land belongs to our family, and we want to know how we can legally take possession... View More

Anthony M. Avery
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answered on Aug 5, 2025

Consult with a WV attorney to search the title, examine the will if probated, then possibly file a quiet title action and ejectment action to have her rights terminated, and put the remaindermen in possession.

1 Answer | Asked in Probate and Real Estate Law for West Virginia on
Q: Validity of a 1989 WV deed of correction affecting property conveyance.

I want to understand the validity of a deed of correction recorded in 1989 in West Virginia. This correction seeks to address a 1986 deed of conveyance for 1/2 of a 1/2 acre parcel, yet it doesn't delineate which 1/4 of the 1/2 acre was conveyed. The original grantee re-conveyed all his... View More

James L. Arrasmith
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answered on Jul 19, 2025

You’ve uncovered a tricky chain of title, and it makes sense to question whether that 1989 correction deed really shifted ownership back to the grantee. In West Virginia, any deed must clearly describe the land so a third party can locate the boundaries; a “correction” that omits which... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for West Virginia on
Q: Is a lawyer needed for deed transfer of estate under $100k in WV?

My father recently passed away, leaving an estate in Greenbrier County, WV. The property deed is in both my deceased parents' names. There's no Transfer on Death (TOD) provision, but the will names my sister and me as beneficiaries, with our brother as a contingent beneficiary. The estate... View More

James L. Arrasmith
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answered on Jun 11, 2025

It’s understandable to hope a simple deed filing will do, but in West Virginia real property generally can’t change hands without some form of probate— even when the estate is modest. A “small-estate” shortcut exists (W. Va. Code § 44-1A-1) for estates valued under \$100,000, yet that... View More

1 Answer | Asked in Probate and Family Law for West Virginia on
Q: Can my daughter be denied access to her deceased father's house by the stepmother?

My minor daughter’s father died without a will, leaving behind a house solely in his name. Although he was married, the stepmother is not living in the house and is denying my daughter entry and a key to it. There is no probate process ongoing, and she believes the house will go to her alone,... View More

James L. Arrasmith
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answered on May 15, 2025

You’re dealing with a heartbreaking and confusing situation, and your daughter deserves clarity and fairness. Since her father died without a will, the estate—including the house—should go through probate so that the court can decide how the property is divided under the laws of intestacy. In... View More

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for West Virginia on
Q: What are the costs to transfer property ownership to a son in West Virginia per a will?

I'm looking to transfer property ownership from my father to myself as stated in his will. There is no mortgage on the property, and both my mother and father agree with this transfer. What would be the costs and steps involved in making the deed for this transfer?

Anthony M. Avery
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answered on May 9, 2025

It may be quicker and cheaper to determine heirship and get a Deed from the other heirs to you. Otherwise you have to probate the will, which is expensive and a lengthy process. Hire a WV attorney.

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1 Answer | Asked in Probate and Estate Planning for West Virginia on
Q: Can children of a deceased parent have a say in estate matters with no will and living spouse?

I would like to know if children of a deceased parent can have a say in matters concerning their parent's estate when the spouse is still living and there is no will. There are multiple children involved, and I am particularly interested in understanding their rights in estate management or... View More

James L. Arrasmith
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answered on Apr 12, 2025

You're asking a really important question, and it's one that many families face after losing a parent. In West Virginia, when someone dies without a will (intestate), the state's laws decide how their assets are divided. If the deceased had a surviving spouse and children from that... View More

1 Answer | Asked in Probate, Real Estate Law and Civil Litigation for West Virginia on
Q: My father died without a will in WV. I signed away my property rights before 18, name misspelled on deed. Brother forced property transfer. No previous action taken. Brother died recently, his son claims property. Agreement made in will to leave property to another family member. Can I reclaim my rights?

I live in West Virginia. My father passed away without a will, and in 1977, I was made to sign over my property rights before I was 18. My name was not spelled correctly on the deed. My brother forced my mother to give him the property without any compensation. There are copies on file at the... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’ve been through a challenging situation, and there may be some legal options available to you. Since your father passed without a will, his estate would have been divided according to West Virginia's laws of intestate succession. The issue with the deed, especially with... View More

2 Answers | Asked in Probate and Estate Planning for West Virginia on
Q: Seeking pro bono help for elective share claim in WV estate

I am seeking a pro bono attorney to help me file a claim for an elective share in my husband's estate. He passed away on August 15, 2024, and his estate, valued at $430,087.83, went into probate on October 10, 2024. His daughter is the executrix, and the estate is still open. I'm unsure... View More

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answered on Mar 13, 2025

You may have busted the SOL. Consult with a WV attorney today about demanding an elective share from the Estate.

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1 Answer | Asked in Estate Planning and Probate for West Virginia on
Q: My mother owned 45% of stock in an llc. Her estate is in probate. Can part of land of llc be sold without a vote?
John Michael Frick
John Michael Frick
answered on Jul 12, 2024

The LLC can sell the land whenever it wants to. The Company Agreement of the LLC will indicate who has authority to take action like selling its land.

Remember that the land itself is not part of your mother's probate estate. It is owned by the LLC. Company Agreements typically... View More

1 Answer | Asked in Probate for West Virginia on
Q: When the code in wv says $200,000 or less, exclusive of real estate specifically devised. Does it include house or not

Need to know if this means it includes the deceased home value or not. I don't understand what exclusive of real estate specifically devised means. Looking at wv code 44-2-1b

Anthony M. Avery
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answered on Jun 13, 2024

Usually real property does not go through an Estate unless devised in a Will or there is not enough assets to pay creditors. So if no Will, heirs take and the land is not part of the Estate.

1 Answer | Asked in Estate Planning, Family Law and Probate for West Virginia on
Q: At what point in a second marriage do both spouses have joint home ownership?

Wife owned her home with mortgage paid in full upon our marriage 11 years ago. Since then we have jointly paid the property taxes, home upkeep, maintenance, and each contributed over $40,000 in home upgrades. Is the husband entitled to joint ownership? If so, can he be legally placed on the... View More

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answered on Jun 11, 2024

As a married individual, you do not own real property until you are a grantee on a deed, or either the heir or will devisee of a deceased spouse.

1 Answer | Asked in Probate for West Virginia on
Q: My husband passed away 5 years ago. He had large hospital bills, if I stop paying them, can I be sued
James L. Arrasmith
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answered on Mar 6, 2024

The responsibility for a deceased spouse's debts can vary significantly depending on where you live, as laws differ by state, especially between community property states and common law states. In community property states, you may be liable for your spouse's debts incurred during the... View More

1 Answer | Asked in Civil Litigation, Estate Planning and Probate for West Virginia on
Q: Can daughters lawyer filed law suit against me to go after my mom's estate my daughter is not in will and I only one.

I was not in court meeting daughter filed illegal guardianship over me she was awarded money. Can lawyer go after this money I am executor of the will do it have standing

.

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answered on Mar 4, 2024

If your daughter's lawyer has filed a lawsuit against you with the intention of accessing your mother's estate, and you are the sole executor and beneficiary as per the will, the situation requires careful legal handling. Even if your daughter is not named in the will, she may seek a... View More

1 Answer | Asked in Estate Planning and Probate for West Virginia on
Q: If you're incarcerated can you still keep your inheritance that you inherited in the will
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answered on Dec 19, 2022

Being in prison does not forfeit your rights of inheritance. But it is difficult to get what is yours. Hire a competent lawyer to assert your claims, and be cognizant of Exemption Rights if there are claims against you. The lawyer can hold your money in trust until you get out on Parole.

1 Answer | Asked in Probate for West Virginia on
Q: I am from WV. My dad died recently. I need to know if everyone that dies has to be probated?
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answered on Oct 6, 2022

The purpose of probate is to retitle assets owned by a deceased person. If a person dies owning nothing, then no probate is required (with vary rare exceptions). This may sound impossible to you, but actually it is surprisingly common.

A perfect example is the person who engaged in... View More

1 Answer | Asked in Probate for West Virginia on
Q: Father died 4 yrs ago in Oct. in WV. Will left the 3 kids a small house ($15,000 +). The will was filed but probate

papers never filed. Can the house be sold?

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answered on Aug 25, 2022

Have a WV attorney search the Title, determine Heriship, and draft/record an Affidavit of Heirship as a source of Title. Those owners should be able to sell the home. If minors, the Court will have to approve the conveyance. Someone has to pay the taxes and any secured debt, or the home will be... View More

1 Answer | Asked in Real Estate Law and Probate for West Virginia on
Q: Husband inherited half a house, his sister won't buy out or sell and lives there. What can he do?

Husband and his sister inherited a house in West Virginia after their mom died in 2017. Sister had been living in the house since then and doesn't want to sell or buy out his half. Plus she has made the house much worse condition since it was left to him. Husband and I live in Arizona. What... View More

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answered on Dec 28, 2021

Assuming there is sufficient equity, a suit for an Sale For Partition should be filed. Hire a competent WV attorney that knows real property litigation.

1 Answer | Asked in Probate for West Virginia on
Q: What happens at probate?

If someone passes away and has real estate only listed in their name, and has no will. What happens to the property? Deceased has surviving husband and two adult daughters. But real estate only in her name.

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answered on Sep 29, 2021

Her Heirs-At-Law took title to the real property at her death. Hire a WV to determine heirship and record an Affidavit of Heirship. A title search should be performed also.

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