Best Probate Lawyers in Charleston

FAQs

• What is the non-emergency contact number for the local police station in Charleston, West Virginia?

  The Charleston Police Department can be reached at 304-348-8111 for non-emergency concerns.

• Where can I get a copy of police reports for incidents related to my case in Charleston, West Virginia?

  To get a copy of a police report, please contact the Charleston Police Department Records Division at 304-348-6400. You can also visit the office in the City Hall at 501 Virginia St. East, Charleston, WV 25301. Enter through the Court Street side of the City Hall.

• When is probate a requirement in Charleston?

  Probate is required if the decedent owns real estate, vehicles, and/or assets in Charleston that are registered solely under their name. Jointly owned assets, and assets established to be “payable in death,” are considered non-probate assets. For modest estates with personal property worth no more than $50,000 and/or real estate worth less than $100,000, you can use an alternative process to administer the estate under West Virginia’s 2021 Small Estate Act.

• When can the executor start distributing the decedent’s assets in Charleston?

  Even though clearly named in the will, the executor will only have the authority to start administering the decedent’s estate after he or she is appointed by the court as fiduciary of the estate and provide a surety bond. This is according to West Virginia Code Section 44-1-1. The appointment of a probate fiduciary in Charleston is usually made within 30 days of the decedent’s death.

• For which reasons can you file a will contest during probate in Charleston?

  Potential heirs and beneficiaries can challenge the validity of the decedent’s will in Charleston for the reasons below: Fraud – The decedent was deceived regarding what was written on the will Defective execution – Will formalities not followed, such as proper signing with the presence of a witness Undue influence – The decedent was coerced or influenced through threats and psychological pressure. Lack of or partial testamentary capacity – Will does not account for all of the decedent’s assets Vagueness – Terms stated in the will are unclear

• Should the executor of a Charleston probated estate pay for the decedent’s debts first over other expenses?

  No. West Virginia Code Section 44-2-21 indicates in which order claims should be settled. Section 44-2-21 (b) also states that debts that are due shall not take preference over debts that are not yet due. The Charleston estate executor should pay off debts and claims in this order:

  • Estate administration expenses
  • Funeral expenses
  • Taxes and debts under federal law
  • Child support owed and due
  • Taxes and debts under state law
  • Medical expenses related to the decedent’s last illness

• What do you do with the will if the estate is small and does not need probate in Charleston?

  You must submit the will to the county clerk’s office within 30 days of the decedent’s passing. The document will simply be put on hold. Information about the estate will not be gathered, and claims cannot be made against it as no probate is initiated. Consult a local probate lawyer in Charleston to ensure the decedent's estate is probate exempt.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.