Small Estate Affidavit West Virginia

Preparing a Small Estate Affidavit in West Virginia is a beneficial way to administer the estate of a deceased person without having to go through the long, drawn out process of probate court proceedings.

The use of a Small Estate Affidavit for West Virginia is limited to situations where the deceased person did not have a lot of assets. To qualify in West Virginia, the estate in question must be valued below $100,000.

The major function of the West Virginia Small Estate Affidavit is:

  • To inform the court that the estate in question meets the requirements of a small estate
  • And, that the simplified summary probate administration should be initiated instead
Small Estate Affidavit West Virginia

Also, this simplified process entitles the executor of the document to receive possession and ownership of the deceased person’s property without having to go through the formality of probate.

The person completing the Small Estate Affidavit West Virginia form must also swear to make proper notice to other claimants, if any.

Fill out and print a free West Virginia Small Estate Affidavit form in just minutes online.

While the major legal requirement for utilizing a Small Estate Affidavit in West Virginia is the total worth of the decedent’s property, there are a number of factors you should consider to ensure that the estate administration goes as smoothly as possible.

How to fill out a Small Estate Affidavit West Virginia form

The Small Estate Administration process in West Virginia is started when the affiant makes the application at the appropriate local court in West Virginia where the decedent passed.

The appropriate court may be a surrogate’s court, probate court or circuit court, whichever is responsible for probate matters where the person died in West Virginia and the estate is located.

There is usually a waiting period of about 45 days before Small Estate proceedings in West Virginia can be started, however, the court may waive the waiting period with good cause.

While there is no formal process as to how a West Virginia Small Estate Affidavit must be drafted, a few relevant specifics must be included:

  • The name and address of the deceased person
  • Whether or not the deceased person had written a will
  • A list of all the assets in the estate, with specific information on all of them including all account numbers. The assets may include bank accounts, insurance policies, investment accounts and cars and boats
  • Whether there are any unpaid debts by the deceased including funeral expenses. If there are, the name and address of each creditor, specifying the amount owed to each one
  • A list of everyone holding property due to the estate, with the particular property stated, as well as the name and address of the individual
  • A list of everyone entitled to receive property from the estate, stating their name, age, address and relationship with the deceased person
  • That notice will be given to other successors and creditors notifying them of the affiant’s intention to lay claim to the estate
  • That the affiant understands under penalty of perjury that the Small Estate Affidavit West Virginia form is not false or misleading

Sometimes a West Virginia Small Estate Affidavit might not be the right course of action, depending on the deceased person’s assets and the conditions of their financial health.

A Small Estate Affidavit for West Virginia should not be filed when:

  • There are minor or disabled beneficiaries
  • The heirship may be disputed
  • There are creditors or funeral expenses yet to be settled
  • The will might be contested, ambiguous or of questionable validity
  • All estate assets are not known
  • Probate proceedings have already been initiated

A West Virginia Small Estate Affidavit must be notarized

Once you have filled out the West Virginia Small Estate Affidavit form completely, it must be sworn and signed in the presence of a local notary public.

A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in West Virginia. The death certificate can be obtained from the local health department for a nominal fee.

After the West Virginia Small Estate Affidavit has been filed, the normal court process for Small Estate Administration takes place, with the affiant receiving the court’s permission to take over the estate, taking into consideration the provisions of the law with regards to creditors as well as court costs and other expenses.

After satisfying all claims, the estate’s assets can then be distributed, either in accordance with the will, or with the laws of intestacy, when there is no will.

Fill out and print a free Small Estate Affidavit form for West Virginia in just minutes online.

Free Small Estate Affidavit Form Barbour County West Virginia
Free Small Estate Affidavit Form Berkeley County West Virginia
Free Small Estate Affidavit Form Boone County West Virginia
Free Small Estate Affidavit Form Braxton County West Virginia
Free Small Estate Affidavit Form Brooke County West Virginia
Free Small Estate Affidavit Form Cabell County West Virginia
Free Small Estate Affidavit Form Calhoun County West Virginia
Free Small Estate Affidavit Form Clay County West Virginia
Free Small Estate Affidavit Form Doddridge County West Virginia
Free Small Estate Affidavit Form Fayette County West Virginia
Free Small Estate Affidavit Form Gilmer County West Virginia
Free Small Estate Affidavit Form Grant County West Virginia
Free Small Estate Affidavit Form Greenbrier County West Virginia
Free Small Estate Affidavit Form Hampshire County West Virginia
Free Small Estate Affidavit Form Hancock County West Virginia
Free Small Estate Affidavit Form Hardy County West Virginia
Free Small Estate Affidavit Form Harrison County West Virginia
Free Small Estate Affidavit Form Jackson County West Virginia
Free Small Estate Affidavit Form Jefferson County West Virginia
Free Small Estate Affidavit Form Kanawha County West Virginia
Free Small Estate Affidavit Form Lewis County West Virginia
Free Small Estate Affidavit Form Lincoln County West Virginia
Free Small Estate Affidavit Form Logan County West Virginia
Free Small Estate Affidavit Form McDowell County West Virginia
Free Small Estate Affidavit Form Marion County West Virginia
Free Small Estate Affidavit Form Marshall County West Virginia
Free Small Estate Affidavit Form Mason County West Virginia
Free Small Estate Affidavit Form Mercer County West Virginia
Free Small Estate Affidavit Form Mineral County West Virginia
Free Small Estate Affidavit Form Mingo County West Virginia
Free Small Estate Affidavit Form Monongalia County West Virginia
Free Small Estate Affidavit Form Monroe County West Virginia
Free Small Estate Affidavit Form Morgan County West Virginia
Free Small Estate Affidavit Form Nicholas County West Virginia
Free Small Estate Affidavit Form Ohio County West Virginia
Free Small Estate Affidavit Form Pendleton County West Virginia
Free Small Estate Affidavit Form Pleasants County West Virginia
Free Small Estate Affidavit Form Pocahontas County West Virginia
Free Small Estate Affidavit Form Preston County West Virginia
Free Small Estate Affidavit Form Putnam County West Virginia
Free Small Estate Affidavit Form Raleigh County West Virginia
Free Small Estate Affidavit Form Randolph County West Virginia
Free Small Estate Affidavit Form Ritchie County West Virginia
Free Small Estate Affidavit Form Roane County West Virginia
Free Small Estate Affidavit Form Summers County West Virginia
Free Small Estate Affidavit Form Taylor County West Virginia
Free Small Estate Affidavit Form Tucker County West Virginia
Free Small Estate Affidavit Form Tyler County West Virginia
Free Small Estate Affidavit Form Upshur County West Virginia
Free Small Estate Affidavit Form Wayne County West Virginia
Free Small Estate Affidavit Form Webster County West Virginia
Free Small Estate Affidavit Form Wetzel County West Virginia
Free Small Estate Affidavit Form Wirt County West Virginia
Free Small Estate Affidavit Form Wood County West Virginia
Free Small Estate Affidavit Form Wyoming County West Virginia