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West Virginia Small Estate Affidavit Form

A West Virginia small estate affidavit is a form used to hasten the distribution of an estate worth $50,000 or less in West Virginia. After the affidavit is filed with a local probate court, the assets belonging to the estate can be distributed among successors.
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How to File (5 steps)

1. Prepare Documentation

An itemized list of the decedent’s assets and their fair market value must be submitted with the affidavit. It’s prudent to begin creating this list during the probationary period after a death. It’s also prudent to get real estate assessed; for properties valued at less than $100,000, an assessor’s value and fair market value must be presented with the affidavit for these real estate interests to escape a lengthier probate process. At this stage, the applicant should also procure a copy of the death certificate and a will if the decedent left one.

2. Prepare Affidavit

Download the short form settlement and prepare the affidavit.

3. Get Affidavit Notarized

Sign the affidavit in the presence of a notary public.

4. File with the County Clerk

File your affidavit with the county commission clerk or the county commission’s fiduciary supervisor for recording and indexing. Find your local county office here.

5. Distribute Assets

The county clerk will mail a copy of the affidavit to beneficiaries listed on the affidavit and issue a certificate authorizing the applicant to be paid, transferred, and delivered and to pay, transfer, and provide these to successors. The period allowed for distribution is six months, though extensions are sometimes granted.

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