Judgement Lien Foreclosure With Cash
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FAQ
This affidavit can be used to transfer title of the real estate to the heirs. The person filing the affidavit need not be the personal representative of the estate. Of course, this option to transfer ownership would not be available if the decedent died with a will (e.g., died testate).
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.
The clerk of the circuit court of the jurisdiction where such real estate or any part thereof is located shall record and index the affidavit as wills are recorded and indexed in the name of the decedent and the heirs.
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.
What's Included in A Small Estate Affidavit? Provide the name of the person who died and the date of the death. State that the value of the assets in the estate is less than $50,000. State that at least 60 days have passed since the death. State that no application to appoint a personal representative has been granted.
In Virginia, any estate valued at greater than $50,000 at the time of the owner's passing must go through the probate procedure.
The Small Estate Act includes an affidavit to be used during the small estate probate process. W.Va. Code § 44-1A-2(e). You should contact the County Clerk's office to see if they have an affidavit for you to use.
Under Virginia law, a ?small estate? is an estate with assets belonging to the decedent, or presently distributable to them, that have a value at death of $50,000 or less.