Laws
- Days after Death – If the decedent left a will that named an executor, 30 days must have passed since the date of death before this person can file an affidavit. If the decedent did not leave a will, 60 days must have passed.[1]
- Maximum Amount ($) – $50,000. A small estate will have a fair market value of not more than $50,000.[2]
- Real Estate – Real estate interests in West Virginia worth less than $100,000 may be considered part of a small estate.[3]
- Signing Requirements – The form must be signed in the presence of a notary public.
- Statute – West Virginia Small Estate Act
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.
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.