In a West Virginia Last Will and Testament, the testator usually also appoints a personal representative-or co-personal representatives (more than one individuals acting jointly in this regard) to deal with the estate matters. A personal representative is somebody who collects the information about the decedent’s financial debt and assets, pays off any remaining debts using the assets, and helps to ensure that the decedent’s property is used as written in the Will, so this is a job with quite a bit of responsibility. The personal agent chosen is normally somebody the decedent truly is sure of to bring to completion their last will.
When one dies without having a legitimate West Virginia Last Will and Testament (which for most states means it must be correctly witnessed, not only signed), somebody will usually be selected by the court to become the personal representative and pay off the decedent’s debt, utilizing assets as needed to do so. Afterward, the residual assets will be shared amongst the decedent’s heirs in accordance with the laws of the state the will creator lived in.
In some states, if one spouse passes away leaving their partner, that surviving spouse will acquire most of the decedent’s assets in the absence of a Last Will and Testament containing the contrary. Additionally, the decedent might have predetermined a particular beneficiary to acquire a life insurance policy, retirement account, or some other asset, and that inheritor designation will establish who gets those assets without a Last Will and Testament.
The thing to know is that anyone who desires to designate the way their belongings will be handled after their death should write and properly execute a Last Will to make certain their wishes are known and fulfilled. Without having a will, you will be leaving it up to chance, the laws of the state, or a lawcourt in respect of just how your last affairs will be wrapped up.