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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.
You might be able to avoid probate in West Virginia by: Establishing and funding a Revocable Living Trust. Titling property smartly: in Joint Tenancy.
There two ways to close the estate: (1) final settlement; or (2) waiver of final settlement. Generally, you must close the estate within 5 years of starting the probate process. W. Va.
The appointment of an executor or administrator is not always required. If such is the situation, no formal administration is necessary. This is usually true where the estate is a small asset estate, personal property having value on the date of death of no more than $50,000.00.
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.
It is necessary to probate an estate when the decedent has solely-held assets; that is, assets that do not have a joint or co-owner with rights of survivorship, a beneficiary (on the security or account, not in the will), or pay-on-death designee.
It is necessary to probate an estate when the decedent has solely-held assets; that is, assets that do not have a joint or co-owner with rights of survivorship, a beneficiary (on the security or account, not in the will), or pay-on-death designee.
How to Determine Estate Value Figure out how much everything is worth. That includes real estate, vehicles, insurance policies, personal items and anything else your loved one owned. Subtract the value of any assets that don't have to go through probate. ... Carry out the simplified probate process.