"Small Estate Affidavit Form" - West Virginia

West Virginia Small Estate Affidavit Form: What Is It?

If you are a West Virginia resident and want to complete a West Virginia Small Estate Affidavit Form, you should be aware of the limitations surrounding the document.

First of all, the document is used when a person is allowed to collect a small estate as an inheritance. Filling in this form will give them the legal power to be the new owner of the property. This event is activated after the decedent (initial owner) passes away.

The formation of a West Virginia Small Estate Affidavit makes sure that the individual inheriting the property will skip the probate procedure in court which is a very time-consuming process. But any individual wanting to take this route to inheritance should know the laws put in place. Otherwise, the form will not be legally recognized. Ensure that you take into account the following laws:

  • Like in the majority of states, there is a minimum amount of time that needs to pass after the death of the decedent. In West Virginia, at least thirty days needs to pass if the decedent had a will - if not, at least sixty days;
  • The maximal value of the estate should not be bigger than fifty thousand dollars. Any real estate with a value of less than one hundred thousand dollars will also be taken into consideration;
  • The form needs to be signed before a notary public.

A fillable West Virginia Small Estate Affidavit can be downloaded by clicking the link below.

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How to File a Small Estate Affidavit in West Virginia?

Before filing a Small Estate Affidavit in West Virginia, you need to be sure of the West Virginia Small Estate Affidavit process. Knowing the right steps to take will ensure that the form is filed, filled in and signed appropriately so that no questions about the authenticity of the document can arise. The process consists of:

  • Firstly, you should prepare all of the important documents. This includes a list of all assets to know the value of the estate;
  • Download our template and fill in the form appropriately;
  • Sign the form in front of a notary public so that the form becomes legally notarized;
  • You should then file the form with the county clerk;
  • The county clerk will take care of the rest and distribute the assets which can take up to half a year.
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Download "Small Estate Affidavit Form" - West Virginia

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West Virginia Small Estate Affidavit Form
I certify that all of the following statements are true in regard to the Estate of
_____________________________________ (hereinafter referred to as the “Decedent”)
who has deceased in the State of ____________________________________, County of
__________________________________.
1. Decedent, __________________________________, died on ___________________
_____________________ (date), in the County of ______________________________,
in the State of ______________________________________.
2. A copy of the Decedent’s death certificate will be submitted along with this affidavit.
3. My name is _______________________________________________.
4. I reside at __________________________________________________ in the City of
______________________________, in the State of ____________________________.
5. The value of the assets of the Decedent’s estate exceeds the estate’s known liabilities.
6. The value of the Decedent’s estate does not exceed the monetary limit of $__________
imposed by the State of __________________________________.
7. I am either an heir of the Decedent, and the Decedent left no will, o
I am a named devisee of the Decedent in the Decedent’s will.
8. More than ________ days have passed since the Decedent’s death.
9. There is no pending administration of the Decedent’s estate.
10. There is no reasonable expectation that probate of the Decedent’s estate is soon to
commence.
11. All heirs or devisees of the Decedent are listed below:
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West Virginia Small Estate Affidavit Form
I certify that all of the following statements are true in regard to the Estate of
_____________________________________ (hereinafter referred to as the “Decedent”)
who has deceased in the State of ____________________________________, County of
__________________________________.
1. Decedent, __________________________________, died on ___________________
_____________________ (date), in the County of ______________________________,
in the State of ______________________________________.
2. A copy of the Decedent’s death certificate will be submitted along with this affidavit.
3. My name is _______________________________________________.
4. I reside at __________________________________________________ in the City of
______________________________, in the State of ____________________________.
5. The value of the assets of the Decedent’s estate exceeds the estate’s known liabilities.
6. The value of the Decedent’s estate does not exceed the monetary limit of $__________
imposed by the State of __________________________________.
7. I am either an heir of the Decedent, and the Decedent left no will, o
I am a named devisee of the Decedent in the Decedent’s will.
8. More than ________ days have passed since the Decedent’s death.
9. There is no pending administration of the Decedent’s estate.
10. There is no reasonable expectation that probate of the Decedent’s estate is soon to
commence.
11. All heirs or devisees of the Decedent are listed below:
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__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
If more Heirs or Devisees continue in Attachment A.
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12. All heirs or devisees will be given notice of this affidavit within 30 days of filing.
13. All assets of the Decedent’s estate (whether real property or personal property,
whether community property or separate property) and the value of such assets are listed
below:
Asset
Value
Additional information
$________________
$________________
$________________
$________________
$________________
$________________
$________________
$________________
$________________
If more Assets continue in Attachment B.
14. All liabilities and debts of the Decedent’s estate, and what the estate owes each
creditor, are listed below:
Liability/Debt
Amount owed
Creditor information
$________________
$________________
$________________
$________________
$________________
$________________
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$________________
$________________
$________________
If more Liabilities/Debts continue in Attachment C.
15. The following heirs or devisees are entitled to the following property:
Heir or Devisee
Property
If more Liabilities/Debts continue in Attachment D.
16. This document is governed under the laws in the State of ______________________.
__________________________________
Affiant’s Signature
Signed and sworn to me on _________________________________________.
State of ______________________.
County of ________________________.
I, the undersigned authority in and for said County in said State, hereby certify that
____________________________________, whose name is signed as the Affiant in this
small estate affidavit, and who is known to me, acknowledged before me on this day that,
being informed of the contents of the said document, they executed the same voluntarily
on the day the same bears date.
Given under my hand on _____________________________________.
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_________________________________
_________________________________
Notary Public’s Printed Name
Date
_________________________________
_________________________________
Notary Public’s Signature
Commission Expiration Date
Note: in addition, your State may require the affidavit and signatures of two (2)
disinterested witnesses.
Witness 1
I have no interest in the estate of _________________________________, deceased, nor
am I related to the Decedent. The statements made in this affidavit are true to the best of
my knowledge.
_________________________________
_________________________________
Disinterested Witness’s Printed Name
Disinterested Witness’s Signature
Witness 2
I have no interest in the estate of _________________________________, deceased, nor
am I related to the Decedent. The statements made in this affidavit are true to the best of
my knowledge.
_________________________________
_________________________________
Disinterested Witness’s Printed Name
Disinterested Witness’s Signature
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