The West Virginia Small Estate Affidavit is an affidavit written by the successors of an estate when a family member has passed away with or without making a will. Find out how to write a free West Virginia Small Estate Affidavit form, where to file the affidavit and the monetary and time limits involved.
A West Virginia small estate affidavit form, also called a West Virginia Short Form Settlement, is used in the event that the decedent had a limited amount of assets. To qualify as a small estate in West Virginia, the estate in question must be valued at a maximum of $100,000. A West Virginia Small Estate Affidavit is used for the collection of personal property or real estate.
West Virginia Small Estate Affidavit Requirements
- The decedent must be a resident of the State of West Virginia.
- Falls under West Virginia Statutes Section 44-3A-5 – Reference to fiduciary commissioner; exceptions and limitations.
- The estate in question must be valued at less than $100,000.
- Ninety days have elapsed since the passing of the decedent.
- Must be filed with the clerk of the county commission where the decedent resided at the time of death.
How to Write a West Virginia Small Estate Affidavit Form
First of all, fill in the county in West Virginia at the top of the form. Enter the decedent’s name and social security number in the heading. Next, fill in the affiant’s name as the personal representative of the decedent’s estate.
Attach a list of the heirs along with addresses and the share of the estate that each is entitled to. Then, list all property that is to be collected along with an appraised value of each. Make sure that each beneficiary signs and dates the affidavit.
Free West Virginia Small Estate Affidavit Form
Once the document is signed and dated by the affiant and the beneficiaries, the West Virginia small estate affidavit can be notarized and the heirs can proceed to collect the assets of the estate.
Fill out and print a free West Virginia Small Estate Affidavit online.