PROBATE AND ESTATE ADMINISTRATION
The Probate Department has general supervision of all fiduciary matters and the fiduciaries (Executors / Administrator / Guardians / Trustees) thereof and of all fiduciary commissioners and of all matters referred to such commissioners.
The following information has been drafted to help you understand the process of probate (estate administration). It is general information and cannot be taken into consideration every factual situation. While statutory changes have made it easier for the taxpayer to complete estate administration without professional assistance, there are exceptions. Extraordinary issues may require that you seek the advice of legal counsel.
If you have any questions regarding the process of administration in Morgan County, please do not hesitate to call.
West Virginia Department of Tax & Revenue
West Virginia State Code
You can also download the entire packet.
OPENING AN ESTATE WITH THE COUNTY CLERK'S OFFICE FOR DEATHS OCCURRING ON OR AFTER JULY 13, 2001
Present the original will (if any) to the Clerk. If probated in another state, you must obtain an exemplified copy (triple seal), not an attested copy. If there is no will, bring someone in with you that owns real estate in Morgan County because you will need to be bonded.
Must have a copy of the death certificate.
Have a list of all beneficiaries/heirs and their complete mailing addresses.
Keep track of all money coming in and going out that has to do with the estate. Example: medical bills, funeral bill, the cost to open the estate at the county clerk's office, refunds, and etc. This will have to be known at final settlement.
Personal representative is to return the appraisement form to the Clerk's office within 90 days (form supplied by the Clerk).
Personal representative should mail a copy of the appraisement form to each beneficiary/heir.
A "Notice of Administration" will be placed in the newspaper and a copy of this notice will be given to the personal representative of this estate. The Clerk's office will place the ad. The personal representative is to deliver by mail a copy of this notice to all beneficiaries, heirs and known creditors.
A 90 day waiting period from the first date of publication of this notice must expire.
The Clerk's office will send the personal representative a letter stating that they may now submit his/her final accounting report or waiver.
The Clerk will mail a copy of the report or waiver to all beneficiaries or heirs.
The Clerk will hold final or waiver for 10 days for any objections. If no objections are received, the County Commissioners may confirm the report at the next regular meeting and the estate is closed.