PROBATE

	*What is Probate ?* The process by which a Last Will and Testament is legally authenticated after the Testator's death; to establish the validity of a will; or, if there is no will, the process to establish heirs to an estate.	E-MAIL: RHURLEY@CABELLCOUNTYCLERK.ORG RICHARD HURLEY SUPERVISOR
	*What makes a will legal?* Although the ideal will should be signed and dated by the testator, witnessed by at least two witnesses and notarized, that doesn't necessarily mean that a will that does not meet these criteria is not legal.	STAFF
*Types of wills:* There are three different types of wills that are acceptable in West Virginia; Affidavit Will- This document will have two witnesses and will be notarized with the "Self-Proving Affidavit" attached. Witnessed Will- This document will have two witnesses but no notary. In this case the Probate office will have to call in one of the witnesses to attest to the signature of the decedent. Holographic Will- This document is written wholly in the handwriting of the decedent and most usually has not been witnessed or notarized. In order to probate this type of will, the probate office must call in two witnesses to attest to the decedent's handwriting as well as their signature.
COMMONLY ASKED QUESTIONS CONCERNING PROBATE What do I need to get started? In a normal situation you will need the original will, a death certificate, names and addresses of any beneficiaries of the will and some form of I.D.. In situations where there is no will you may also need to make arrangements for a bond. How do I probate an estate when there is no will? Although it makes the probate process somewhat easier a decedent does not have to leave a will in order to probate their estate. In this situation "Law of Intestacy" comes into effect. This law is the order in which a decedent's descendants of heirs fall in line as next of kin to be appointed over the decedent's estate. This law of descent is as follows:
Husband or Wife Daughter or Son Mother or Father Sister or Brother Granddaughter or Grandson Niece or Nephew Cousin No Relation	*NOTE: Because each of these situations require a slightly different approach; it is always best to contact the probate office prior to your arrival.

Do I need an appointment? No appointment is necessary. It is strictly first come first serve. Our office hours are Monday through Friday, 8:30-4:30. How long does the Probate process take? The initial visit to our office only takes about twenty to thirty minutes. You then will have 90 days to compete the "Appraisement and Settlement" of the estate forms.
Once this document is returned there is a mandatory 90 day period that must lapse for anyone who may have a claim against the estate.
After the claims period has expired you then can close the estate by either filing a "Waiver if final settlement" or by preparing a "Final Accounting". Both of these documents can be obtained from our office.

The normal fee to a fiduciary for handling an estate is 5% of the Probate assets, exclusive of real estate unless that real estate is sold, and reimbursement for any expenses that you may have incurred throughout your administration.

The fees to our office at the time of your appointment are fairly minimal. You will be charged $26.00 for your appointment fee, $6.00 for the first four pages of your will and $1.00 for each additional for recordation and $2.50 each for your letters of administration.