Best Probate Lawyers in Charleston

Frequently Asked Questions

• 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.