(a) Where a will relative to any personalty or real estate located or situate within this state
has been proved or probated outside of this state by another state or jurisdiction within the
United States of America, an authenticated copy thereof and the certificate of probate
thereof, by such other state or jurisdiction may be offered for probate in this state, in
accordance with the provisions of §41-5-5 or §41-5-10 of this code, and an anecillary personal
representative, executor, or administrator, as the case may be, may be appointed in this
state with like effect and with the same powers, authorities, duties, andr liabilities as are
given to domiciliary personal representatives, executors, and administrators under the
provisions of this code.
(b) Where a will, relative only to real estate situate within thtis state, has been proved or
probated outside of this state by another state or jurisdiction within the United States of
America and no appointment of an ancillary personal representative, executor, or
administrator to administer the real estate within this state is necessary for any proper
purpose, an authenticated copy thereof and the certificate of probate thereof may be
admitted to record in any county of this state sin which the real estate is situate by any
person having an interest in the real estate, including a personal representative who has
qualified in the other state or jurisdiction.
(1) The interested person or personal representative shall also execute and tender for
recording in the county an affiedavit setting forth in substance:
(A) A description of the real estate owned by the decedent at the time of his or her death
situate within the county in this state where the affidavit is to be recorded together with its
assesed value for tax purposes and its fair market value at the date of death of the decedent;
(B) That the decedent died testate a nonresident of this state and that the authenticated
copy of the will and the certificate of probate of the other state or jurisdiction is being or has
beeWn recorded in the county; and
(C) The names and last known addresses of the personal representative of the decedent's
estate, if any, and of the decedent's devisees or beneficiaries who are devised or given the
real estate under the will.
(2) The clerk of the county commission shall record and index the affidavit, together with the
authenticated copy of the will and the certificate of probate, in the same manner and upon
the same fees as wills and affidavits of beneficiaries or heirs are recorded and indexed in
case of probate administration with appointment of a personal representative. The clerk of
the county commission may require a certified copy of the decedent's death certificate or
other proof of death and residence prior to fulfilling the clerk's responsibillities under this
chapter.
(3) A bond, security, or oath is not required when no appointment of an ancillary personal
representative, executor, or administrator is made under the provisions of this section:
(c) A document substantially in the form may be used as the affidavit provided in subsection
(b) of this section with the effect as prescribed in this section:
THE COUNTY COMMISSION OF _________ COUNTY, WEST VIRGINIA
IN RE: THE ESTATE OF _____________________
DOD: _________________
AFFIDAVIT FOR ANCILLARY ADMINISTRATION
OF WEST VIRGINIA REAL ESTATE
WITHOUT APPOINTMENT
(TESTATE) a
STATE OF ____________,
COUINTY OF __________, to-wit:
I, _____________________________, whose address is __________________
_____________________________________________________________________
being first duly sworn, upon oath and under penalty of perjury, do depose an say as follows:
1. The decedent, _____________________________, died testate (with a will) on
________________(date of Ldeath), a resident of _____________ County, State of
____________________.
2. On ______________________(date), the following person(s) was/were appointed as the
personal representative of the Estate of _________________ by the ____________________(name of
the foreign court), of ___________________ (county), ____________________(state),being case
numWber ______________, if applicable:
a. Name:
___________________________________________________________________
Address: _______________________________________________________________________________
b. Name:
___________________________________________________________________
Address: _______________________________________________________________________________
3. An authenticated copy of the Last Will and Testament dated _____________ and the
certificate of probate of such other state or jurisdiction is being furnished herewith for
recording in the County
4. The Decedent died owning and possessing the following real estate situate in West
Virginia:
Description County Assessed Value Fair Market value
a.
b.
c.
d.
Total r
5. Pursuant to the provisions of the Last Will and Testament of __u___________________, the
decedent devised the aforesaid real estate to the following beneficiaries of the estate:
a. Name: ________________________________________________________
Address: _____________________________________________________
Relationship to Decedent:_____________________________________
Share or percentage: _______________
b. Name: ________________________________________________________
Address: __________________________________i___________________
Relationship to Decedent:___________g__________________________
Share or percentage: _______________
c. Name: ________________________________________________________
Address: _____________________________________________________
Relationship to Decedent:_____________________________________
Share or percentage: _______________
d. Name: ____V____________________________________________________
Address: _____________________________________________________
Relationship to Decedent:_____________________________________
Share or percentage: _______________
6. The Estate of ______________, the decedent, will be/has been fully administered by the
domiciliary personal representative under the domiciliary proceedings in the other state or
jurisdiction. No appointment of an ancillary personal representative to administer the
decedent's real estate within the State of West Virginia is necessary for any proper purpose.
7. I have personel knowledge of the above facts and am interested in the Estate of
_____________________, the decedent, as the () acting domiciliary personal representative, ()
surviving spouse, () beneficiary under the decedent's will, () heir at law, or () other
________________________________ (describe relationship or interest). [Check one]
__________________________________
Signature of Affiant
Taken, subscribed, and sworn to before me the undersigned authority by
____________________________, this day of _________________, 20_______.
{seal}
My Commission expires: _______________________________________
______________________________________________________________
Notary Public u
(d) When the authenticated copy of the will and the certificate of probate is so offered, as
provided in subsection (a) of this section, the county commission, or the clerk thereof in the
vacation of the commission, to which or to whom it is oaffered, shall presume, in the abscence
of evidence to the contrary, that the will was duly executed and admitted to the probate as a
will of personalty in this state; and if it appears frolm the copy that the will was proved in the
foreign court of probate to have been so execusted as to be a valid will of land in this state by
the laws thereof, the copy may be admitted to probate as a will of real estate. But any person
interested may, within one year from the tiime the authenticated copy is admitted to record,
and so probated, upon reasonable ngotice to the parties interested, object to the same and
have the order admitting the same to probate in this state set aside, upon due and the
satisfactory proof that the authenticated copy was not a true copy of the will, or that the
probate was improperly made.
(e) Notwithstanding anything in this section to the contrary, where an original will of a
nonresident decedent exists but has not been proved outside of this state by another state or
jurisdiction within the United States of America because the provisions of the laws of the
state or jurisdiction do not require the proof or probate of the will, the original of the will
may be offered for probate in this state as provided in subsection (a) of this section or may
be aWdmitted to record as provided in sybsection (b) of this section.‹ Prev All West Virginia sections Next ›
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