West Virginia Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   A small estate affidavit is a sworn statement that lets a decedent's successor collect the decedent's personal property without full probate, and in West Virginia it is filed with the county clerk or fiduciary supervisor, not handed to a bank.

2. 2

   The affidavit is available only when the decedent's entire personal probate estate consists of small assets whose aggregate fair market value does not exceed $50,000 (W. Va. Code Section 44-1A-2).

3. 3

   The decedent must own no probate real property or interest in probate real property; any probate real estate disqualifies the small estate affidavit process (W. Va. Code Section 44-1A-2).

4. 4

   The waiting period is at least 30 days after death if the affiant is the personal representative nominated in the will, and at least 60 days if the affiant is not the nominated executor or the decedent died intestate (W. Va. Code Section 44-1A-2).

5. 5

   The affiant tenders the affidavit for recording to the clerk of the county commission or the fiduciary supervisor, who records and indexes it and issues a certificate and authorization of small estate (W. Va. Code Section 44-1A-2).

6. 6

   If the decedent left a will, the original must be attached to the affidavit and tendered for recording, and the clerk may require a certified death certificate or other proof of death and residence (W. Va. Code Section 44-1A-2).

7. 7

   After the affidavit is recorded, the clerk mails a copy to the beneficiaries or heirs, and an interested person has 30 days to file a written objection that can lead to full administration (W. Va. Code Section 44-1A-2).

West Virginia Requirements for Small Estate Affidavit

• Filed With the County Clerk

  In West Virginia the affidavit is tendered for recording to the clerk of the county commission or the fiduciary supervisor in the county with probate jurisdiction, who records and indexes it and issues a certificate and authorization of small estate (W. Va. Code Section 44-1A-2). It is not presented straight to a bank.

• $50,000 Personal Estate Limit

  The affidavit is available only when the decedent's entire personal probate estate consists of small assets whose aggregate fair market value does not exceed $50,000 (W. Va. Code Section 44-1A-2).

• No Probate Real Property

  The decedent must own no probate real property or interest in probate real property. Any probate real estate disqualifies the small estate affidavit process regardless of the personal property value (W. Va. Code Section 44-1A-2).

• 30-Day or 60-Day Waiting Period

  At least 30 days must elapse after death if the affiant is the personal representative nominated in the will, and at least 60 days if the affiant is not the nominated executor or the decedent died intestate (W. Va. Code Section 44-1A-2).

• No Personal Representative Pending

  The affiant must confirm that no application for the appointment of a personal representative for the decedent is pending or has been granted in any jurisdiction (W. Va. Code Section 44-1A-2).

• Will Attached and Proof of Death

  If the decedent left a will, the original must be attached and tendered for recording, and the clerk may require a certified death certificate or other proof of death and residence (W. Va. Code Section 44-1A-2).

• Certificate and 30-Day Objection Window

  After recording, the clerk mails a copy to the beneficiaries or heirs and issues a certificate and authorization of small estate; any interested person may file a written objection within 30 days, which can lead to full administration (W. Va. Code Section 44-1A-2).

• Signed by an Authorized Successor Under Oath

  The affidavit is executed by an authorized successor under oath and under penalty of perjury, itemizing the small assets and confirming the estate qualifies (W. Va. Code Section 44-1A-2). The authorized successor may act for six months, extendable for good cause.