West Virginia Small Estate Affidavit Form

• Maximum Amount: $50,000 in personal property and $100,000 in real property (computed at 167% of assessed value).^[1]
• Signing Requirements: The affidavit is made upon oath and under penalty of perjury, and notarized.^[2]
• Where to File: With the clerk of the county commission (or the fiduciary supervisor) of the county where the decedent was domiciled; no bond or formal appointment is required.^[3]
• When to File: 30 days after death if the affiant was nominated as personal representative in the will; 60 days otherwise (or if the decedent died intestate).^[4]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[5]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse receives the entire estate if the decedent left no descendants, or if all of the decedent’s descendants are also the spouse’s and the spouse has no other descendants. The spouse receives three-fifths if all of the decedent’s descendants are also the spouse’s, but the spouse has other descendants, and one-half if the decedent left descendants from another relationship.^[6]
• No Spouse, Children: The share not passing to the spouse goes to the decedent’s descendants by representation, with a deceased child’s share passing to that child’s descendants. If there is no surviving spouse, the descendants take the entire estate.^[7]

Step 1 – Confirm the Applicable Small-Estate Route

A West Virginia small estate may include no more than $50,000 in personal property and no more than $100,000 in West Virginia real property. However, the affidavit-without-appointment procedure described below is available only when the decedent owned no probate real property. If probate real property exists, use the applicable probate small-estate procedure rather than this no-appointment affidavit route.^[8][9]

Step 2 – Wait the Required Period

Wait 30 days after death if the affiant was nominated as personal representative in the will, or 60 days otherwise.^[10]

Step 3 – Complete the Affidavit for Small Estate

Complete the statutory Affidavit for Small Estate, listing the assets, successors, and other required information, and attach the will if one exists.^[11]

Step 4 – Swear, Notarize, and File

Sign the affidavit under oath and penalty of perjury, have it notarized, and file it with the clerk of the county commission or fiduciary supervisor in the decedent’s county.^[12]

Step 5 – Collect and Distribute

The clerk issues the statutory certificate and authorization. Use it to collect and transfer the assets, pay or provide for claims as required, and distribute the balance under the will or intestacy.^[13]