Ancillary Administration Guidelines

 

OUTLINE OF DOCUMENTS FOR WEST VIRGINIA ANCILLARY ADMINISTRATION

Under House Bill 2759 (Effective May 30, 2019)

 

      I.        Affidavit to be signed by applicant (interested party)..

A.    Testacy.

1.    Affidavit for Ancillary Administration of West Virginia Real Estate without Appointment (Testate with authenticated copy);

or

2.    Affidavit for Ancillary Administration of West Virginia Real Estate without Appointment (Testate with original will).

B.    Intestacy: Affidavit for Ancillary Administration of West Virginia Real Estate without Appointment (Intestate).

    II.        Notice.

A.    Testacy: Notice of Ancillary Administration of West Virginia Real Estate without Appointment (Testate).

B.   Intestacy: Notice of Ancillary Administration of West Virginia Real Estate without Appointment (Intestate).

C.   All Notices are:

1.    Entered by County Clerk.

2.    Published by County Clerk in local newspaper.

3.    Mailed by applicant to all interested parties with a Certificate of Service.

   III.        Certificate of Service (applies to both Testate and Intestate).

A.    Prepared by applicant.

B.    Mailed by applicant to all interested parties.

C.   Notice prepared by the County Clerk is attached and mailed by applicant with the Certificate of Service.

D.   Certificate of Service is filed by applicant with County Clerk.

  IV.        Completion of the Ancillary Administration (applies to both Testate and Intestate).

A.    No objection is received and deadline passes.

1.    Certification of Completion of Ancillary Administration of West Virginia Real Estate without Appointment (applies to Testate and Intestate).

2.    Entered by County Clerk.

B.    Objection is filed.

1.    Order and Notice of Hearing on Objection to Ancillary Administration.

a.    Entered by County Commission.

b.    Mailed by County Clerk to all interested parties.

c.     Hearing is scheduled before the County Commission.

d.    Copy of the objection is attached to the Order and Notice.

2.    Adjudication of the objection by County Commission at the hearing.

a.    Order Overruling Objection and Permitting Ancillary Administration without Appointment.

1)    Entered by County Commission.

2)    Mailed by County Clerk to all interested parties.

3)    May be appealed to Circuit Court in accordance with appellate procedure.

b.    Order Sustaining Objection and Directing Full Ancillary Administration.

1)    Entered by County Commission.

2)    Mailed by County Clerk to all interested parties.

3)    Applicant or other interested party files and applies for regular ancillary administration.

4)    May be appealed to Circuit Court in accordance with appellate procedure.