DOCUMENTS FOR WEST VIRGINIA ANCILLARY ADMINISTRATION
A. Affidavit is to be completed and signed by applicant (interested party).
1. Testacy (died with a Last Will & Testament).
a. Affidavit for Ancillary Administration of West Virginia Real Estate without Appointment (Testate with authenticated copy which is a tripled sealed certification);
or
b. Affidavit for Ancillary Administration of West Virginia Real Estate without Appointment (Testate with original Last Will & Testament).
2. Intestacy: (Intestate; died without a Last Will & Testament).
a. Affidavit for Ancillary Administration of West Virginia Real Estate without Appointment
B. Notice is prepared by the Clerk but mailed by the applicant.
1. Testacy: Notice of Ancillary Administration of West Virginia Real Estate without appointment (Testate).
2. Intestacy: Notice of Ancillary Administration of West Virginia Real Estate without Appointment (Intestate).
C. All Notices Are:
1. Prepared by County Clerk.
2. Published by County Clerk in local newspaper.
3. Copy of published Notice is sent to applicant
4. Copy of published newspaper Notice is mailed by applicant to all interested parties with a Certificate of Service
D. Certificate of Service (applies to both Testate and Intestate).
1. The Clerk’s Office will send to applicant the blank Certificate of Service along with the copy of the newspaper published Notice. The Applicant is responsible for completing the Certificate of Service.
2. The newspaper published Notice is attached to the Certificate of Service, and mailed by applicant to all interested parties.
3. The completed original Certificate of Service is filed by applicant with the County Clerk.
E. Completion of the Ancillary Administration (applies to both Testate and Intestate).
A. If 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. If objection is filed.
1. Order and Notice of Hearing on Objection to Ancillary Administration.
a. Entered by County Court.
b. Mailed by County Clerk to all interested parties.
c. Hearing is scheduled before the County Court
d. Copy of the objection is attached to the Order and Notice.
2. Adjudication of the objection by County Court at the hearing.
a. Order Overruling Objection and Permitting Ancillary Administration without Appointment.
(1) Entered by County Court.
(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 Court.
(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.
F. EXPENSES:
A. Recording fee of the Affidavit: the base cost is $12.00 for first 5 pages and then $1.00 for each additional page ALONG WITH an additional $1.00 for the 20th page and each 10 pages thereafter.
B. Fee for the newspaper publication of Notice: the base cost is $85.00, if the cost of the newspaper publication exceeds $85.00, the balance will be due immediately. If a surplus exists from the fee collected for the newspaper publication of the Notice, the surplus will be subtracted from the recording cost of the Certificate of Service.
C. Recording fee of the Certificate of Service: $12.00 for the first 5 pages and $1.00 for each additional page ALONG WITH an additional $1.00 the 20th page and 10 pages thereafter. NOTE: THE RECORDING FEE FOR THE CERTIFICATE OF COMPLETION IS TO BE COLLECTED AT THIS TIME.
D. Recording fee of the Certificate of Completion (completed by the County Clerk): $12.00