The Will After A Death
W. Va. Code § 41-5-1 — whoever holds the will delivers it to the clerk or the executor within thirty days
Thirty days. A person who has custody of a will delivers it, within thirty days after learning of the death, to the clerk of the county court with jurisdiction over its probate, or to the executor named in it.
The executor offers it for probate, or delivers it to the clerk, within a reasonable time.
Neglecting to deliver a will without reasonable cause is a misdemeanor with a fine of not more than $200, plus liability for the damage the delay causes. A particular estate is a question for a licensed West Virginia attorney.
Sources for this section (1)
- W. Va. Code § 41-5-1 — Custodian of will to deliver same to clerk of county court or executor; liability for neglect
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.