Appointing a Fiduciary (Estate Administration)
The term “fiduciary” is a general one used to include an executor, administrator, curator, trustee, guardian, conservator, or other person serving in a similar trust capacity.
If there is a Will which names an Executor(s) that person(s) has the right to serve. In the absence of a Will the husband or wife of the decedent is given preference and then other distributees (others entitled to share in the estate) are considered.
If a Will is not presented or a distributee does not apply within thirty (30) days of the date of death anyone, even a creditor, may apply for appointment as Administrator of the estate.
In any event the Probate Department is the first place to visit in order to determine who will be allowed to qualify as a Fiduciary.
The Probate Department is currently located in the historic Morgan County Courthouse, 77 Fairfax Street, Suite 1A, Berkeley Springs, West Virginia.
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