Get West Virginia Short Form Settlement - Heirship Affidavit

Additionally, West Virginia does not require probate for estates worth less than $100,000. Real estate assets do not count toward the $100,000 total. In this situation, a personal representative will file a legal affidavit after receiving notice from the state's appointed executor.

What are the steps in probate? Contact the County Clerk's Office to Start Probate Process. Take the will (if there is one) to the county commissioner's office and present it to the county clerk. ... Fill out the Small Estate Affidavit. ... Settle Any Claims Against the Estate from Creditors. ... Distribute the Remaining Property.

The small estate affidavit itself does not have to be filed with the court if the signatures have been notarized. If signatures have not been notarized, then the affidavit has to be filed with the court.

An estate is considered a “small estate” if the person who died left behind probate personal assets not exceeding $50,000, and/or probate real property interests not exceeding $100,000.

You might be able to avoid probate in West Virginia by: Establishing and funding a Revocable Living Trust. Titling property smartly: in Joint Tenancy. Creating assets/accounts that are structured as Transfer on Death (TOD) or Payable on Death (POD)

West Virginia Affidavit of Heirship Information An affidavit of heirship establishes the lawful heirs of a decedent's estate when he or she dies intestate (without a will).

A West Virginia small estate affidavit, also known as a 'short form settlement', is a form that can be used to hasten the distribution of an estate worth $50,000 or less in the State of West Virginia.

This law authorizes a simpler administration of probate property when $50,000 or less of personal property and a maximum of $100,000 of real estate is owned by the decedent on the date of death. The small estate is charged lower probate fees, involves simpler procedures, and no closing report is needed.