Intestate, must there be probate?

[WVme1957]

My mother passed intestate. Her only property is a delapidated house in a flood zone. I was unable to find a buyer for the house when she was alive as POA. I am the only child, she has a surviving sister and one grand child. No one wants this property. Must it be probated? What is the legal time limit to probate? What happens if no one probates?

 

[army judge]

My mother passed intestate. Her only property is a delapidated house in a flood zone. I was unable to find a buyer for the house when she was alive as POA. I am the only child, she has a surviving sister and one grand child. No one wants this property. Must it be probated? What is the legal time limit to probate? What happens if no one probates?

WV offers a simplified process to probate small estates.
You can avail yourself of the simplified small estate process in West Virginia if the value of the estate, not counting real estate, is $100,000 or less.
If YOU, the personal representative happen to be the sole beneficiary of the estate, or if all the beneficiaries agree that no disputes are likely, there are enough assets to pay debts and taxes, and the executor agrees. (See = W. Va. Code § 44-3A-5)

If you have no interest in the property, you might consider gifting it to a charity.
You need personalized tax advice, but the land has value.
You might be bale to write off the gift on your taxes (state and federal).
If you do nothing with the property, it will escheat to the government, likely being sold at auction for back taxes by the county.

Just to be sure, you might want to visit with a lawyer in your county and ask him or her a few questions.
That initial visit will normally be at no charge.

Good luck.

 

[WVme1957]

My mother passed intestate. Her only property is a delapidated house in a flood zone. I was unable to find a buyer for the house when she was alive as POA. I am the only child, she has a surviving sister and one grand child. No one wants this property. Must it be probated? What is the legal time limit to probate? What happens if no one probates?

 

[disagreeable]

It will eventually be repossessed by a lender for mortgage deficiency or sold by the county for taxes if no one probates.