Small Estate Affidavit Form - West Virginia

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.

Download Small Estate Affidavit Form - West Virginia

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