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West Virginia Small Estate Affidavit Form

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The West Virginia small estate affidavit or “Short form settlement” may be used by the personal representative appointed by the probate court after ninety days have passed since decedent’s death and there are no other claims against the estate. The form provides a way for the expeditious settling of an estate when there are few assets, the debts have been paid and the tax release has been filed. It must be filed by the appointed and acting personal representative of the estate. The personal representative will have to know the assets and to whom they are to be distributed.

Maximum – $100,000

Laws – § 44-3A-5

Filing – The Estate Appraisement and Non-Probate Inventory must be included and use the Guide Through the Probate Process.

How to Write

Step 1 – Write in the name of the decedent. and the decedent’s social security number at the top of the page.

Step 2 – Write in the name of the county in West Virginia where the probate matter is pending.

Step 3 – Write in your name as the personal representative of the estate.

Step 4 – Write in whether a West Virginia Inheritance and Transfer tax release has been filed with the county commission.

Step 5 – Write in how the estate will be distributed and to whom.

Step 6 –Cross off the provision in Section 7 which does not apply.

Step 7 – Sign and date in front of a notary public  and have it signed and notarized by the beneficiaries.

Step 8 – File it with the County Commission in the requisite county.


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