Probate Estate Closing and Representative Discharge in West Virginia

At a glance

Requirements one by one

Closing routes and filings

A qualifying estate can use a waiver under § 44-2-29 after the notice period, or file a receipts, disbursements and distribution report under § 44-2-1. A county that elected the fiduciary supervisor system under § 44-3A-1 offers a short form settlement under § 44-3A-4a. Its affidavit states that the claims period expired and no known unpaid claims remain, and it sets out each recipient's allocation and delivery. The supervisor's long form route under § 44-3A-19 begins after the claims period and requires proof about claims, a sworn verification, income account and proposed distribution plan.

Accounts, notice and confirmation

On a commissioner referral, the representative submits an inventory of money and property and vouchers for disbursements. The commissioner holds the settlement report and evidence for ten days for exceptions. The county commission examines the report at its first regular term at least ten days after filing, and records its confirmation order. (W. Va. Code § 44-4-2; § 44-4-15; § 44-4-17.)

The simplified report and short form settlement each allow a ten-day opportunity for objection or referral. The long form supervisor procedure instead sends the proposed settlement to specified creditors and beneficiaries, with objections before commission presentation; it calls for a further report for commission ratification after the supervisor is satisfied that claims and taxes were paid. (W. Va. Code § 44-2-1; § 44-3A-4a; § 44-3A-19.)

Distribution and discharge

The short form can describe property already delivered or property to be delivered on approval. The commission's unobjectioned short form order expressly discharges the representative and surety. For a commissioner account, confirmation can precede payment: after full payout the representative must submit a detailed final disbursement report with vouchers within ninety days or at the commission's first ensuing term. (W. Va. Code § 44-3A-4a; § 44-4-20.)

What trips people up

The waiver under § 44-2-29 requires more than ninety days after the required notice; the supervisor short form under § 44-3A-4a uses more than sixty days after its notice. Both have separate eligibility conditions. Confirmation of a commissioner account is conclusive only to the extent confirmed and, for beneficiaries, with the specified notice. It is not the same event as the later report documenting full payout. (W. Va. Code § 44-4-18; § 44-4-20.)

Common questions

Can an interested person force payment after a confirmed account? If a commission payment order is not obeyed, an interested person may bring the proceeding described in § 44-4-20 to compel compliance.

What happens if settlement remains unfinished for years? A resident decedent's fiduciary generally must make full final settlement within five years of appointment; § 44-4-14a permits an extension request for unusual circumstances and provides for the sheriff to finish after an unjustified failure. (W. Va. Code § 44-4-14a.)

Statutes and sources

The verbatim passages, official section URLs and access date are in the statute entries above. (W. Va. Code § 44-2-1; § 44-2-29; § 44-3A-1; § 44-3A-4a; § 44-3A-19; § 44-3A-24; § 44-4-2; § 44-4-14a; § 44-4-15; § 44-4-17; § 44-4-18; § 44-4-20.)