November 23rd, 2009
Can you sell property in WV when you don’t have the addresses for all parties entitled to a share of the prope
A relative is deceased and left no will. There is some property to be sold in WV, however, we have been unable to located 6 of the people entitled to a share of the proceeds. How can we proceed with the sale?
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Filed under: Sell Property
Real Estate Law and Probate Procedures are different from state to state. Your best bet here is to hire a probate attorney in the county in which the property is located. Here is a link to the West Virginia State Bar
They have attorneys listed by County and specialty.
This is a common problem so it should be easily handled.
u need to get to court fast, as in
some states, the state gets the prop.
u need to have the “estate” probated.
If there are 6 that can’t be located, it may be a simple matter of their portion going to the state as “unclaimed property”.
As a PS, if probate designated a personal representative, that person can usually sign on behalf of the estate. Title company can sometimes assist in locating people. If unable to locate, it’s up to the title company if they will insure title around this or not.
When someone dies intestate, the rules of “intestate succession” apply towards distribution of the estate assets:
Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes in the following order:
To the decedent’s descendants by representation. In such case, the estate or part thereof is divided into as many equal shares as there are: (i) surviving descendants in the generation nearest to the decedent which contains one or more surviving descendants; and (ii) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated one share. Any remaining shares are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
If there is no surviving descendant, to the decedent’s parents equally if both survive, or to the surviving parent.
If there is no surviving descendant or parent, to the descendants of the decedent’s parents or either of them by representation.
If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent’s paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent’s paternal grandparents or either of them if both are deceased, the descendants taking by representation. The other half passes to the decedent’s maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent’s relatives on the other side in the same manner as the half.