FEB 6, 2001
DEAR AARJA:
So sorry that your aunt didn't get to sign her new will.
Yes, a will does have to be probated before the person is appointed executor. It is to the executor's benefit to file it as soon as possible, since they don't get their share of the estate until the estate is near closing and the distribution is made to beneficiaries.
Most places require that the will must be filed at the county courthouse within 30 days after the person has died. Whenever the will is filed, you should watch the local legal newspaper (ask any attorney how to find it) or the daily classifieds to find out when the probate hearing is for that will.
If you think you may be named as a beneficiary in her will, then you really should ask the attorney for a copy of the new will and the old one. Whether or not the new will is valid is unclear: technically, it may not be valid if it is still unsigned.
But, if you show up at the probate hearing to let the court know that the new will exists and that her initials are on it and that there are other witnesses to this besides the attorney who can confirm that it was her desire to have these changes made, then it is possible that the court may decide to accept the new will without your having to do an actual contesting of the will.
To protect your interests, you really do need to try to find a local attorney there is West Virginia, because there is the chance that a West Virginia attorney might not be reading this board and your question would go unanswered for a long time.
SINCERELY,
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