Commission gives administrator 45 days to file estate settlement paperwork for Pauline Samples

2101828 · January 11, 2025

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Summary

After hearing from heirs and the prosecuting attorney, the Fayette County Commission declined to remove administrator Joanna Harrell but ordered her to submit required long-form settlement paperwork within 45 days or face reconsideration of her appointment.

The Fayette County Commission voted to keep Joanna Harrell as the personal representative for the estate of the late Pauline Samples, giving Harrell 45 days to file the required final settlement paperwork for the estate in West Virginia.

County attorneys explained two procedural pathways for concluding the long-open estate: a short-form affidavit requiring signatures from all heirs, or a long-form accounting of distributions that the commission can approve if heirs do not cooperate. Commissioners were told an adverse-possession claim in North Carolina affects real property litigation in that state but does not prevent closing the West Virginia estate.

Several relatives joined remotely and in person. Harrell said she has partial documentation but would need assistance locating records of prior distributions and asked for written guidance and an electronic copy of the county clerk's forms. Prosecuting Attorney Anthony (surname not specified) and county staff advised that the clerk's office could assist with procedural steps but that the commission could, if necessary, appoint another administrator or the sheriff to finish the long form if Harrell did not comply.

After discussion, the commission approved a motion to leave Harrell as administrator for 45 days and to revisit the question if the long-form settlement is not filed within that time. County staff said the clerk's office will contact Harrell after the meeting with instructions and required forms.