How to confirm whether a decedent’s personal bank accounts fall under West Virginia’s $20,000 small estate limit

Short answer: In West Virginia you determine eligibility for the small estate affidavit by totaling the value of the decedent’s personal property (not real estate) that is owned solely in the decedent’s name as of the date of death. If that total is $20,000 or less, the small estate procedure may apply. To be confident, get written or certified account balances from each financial institution (balance as of date of death), identify which accounts pass outside probate (joint accounts, payable‑on‑death/TOD), and add only the probate‑subject personal property. For the probate statutes and related rules, see West Virginia Code, Chapter 44: https://www.wvlegislature.gov/WVCODE/ChapterEntire.cfm?chap=44.

Disclaimer

This information is educational only and is not legal advice. I am not a lawyer. For legal advice about your situation, contact a licensed West Virginia attorney.

Detailed answer — step‑by‑step

1. Understand what the $20,000 limit covers

West Virginia’s simplified/small estate procedures apply to the decedent’s personal property (tangible and intangible personal property) that is part of the probate estate. Real property (land and most interests in real estate) is usually not covered by the small estate affidavit and must be handled through formal probate or other tools. Assets that pass outside probate—most joint accounts with right of survivorship and payable‑on‑death (POD/TOD) accounts—are not counted in the probate total because those assets transfer directly to the surviving owner or beneficiary.

2. Gather documents and proof you will need

• Certified copies of the decedent’s death certificate (banks generally require at least one certified copy).
• Recent bank statements, checkbooks, online account records, and year‑end account summaries showing account numbers and balances.
• Copies of account agreements if available (they may state whether the account is joint, payable‑on‑death, or has named beneficiaries).
• Records of other personal property: vehicles (title value), brokerage account statements, cash on hand, and personal possessions you intend to include.

3. Contact each bank or financial institution (and ask for the balance as of the date of death)

When you call or visit, ask the bank’s estate or fiduciary department for the account balance as of the date of death and whether the account is held solely in the decedent’s name, jointly, or as POD/TOD. Important points to request in writing:

• A written statement (or email) of the account balance as of the date of death.
• A written statement of how the account is titled (sole owner, joint tenants, POD/TOD, trust, etc.).
• Information about the bank’s required documentation to release funds (small estate affidavit, letters testamentary/administration, or other documentation).

Sample question to the bank: “I am calling about the account of [decedent name]. Can you provide in writing the account balance as of the date of death and tell me whether this account is payable to a joint owner or a POD beneficiary, or whether it is solely in the decedent’s name?”

4. Determine what counts toward the $20,000 total

1. Include: all personal property and financial accounts owned solely by the decedent and subject to probate (cash, bank accounts in decedent’s name only, brokerage accounts, personal property, etc.). Use the value on the date of death.
2. Exclude: real estate, accounts that automatically pass to another by contract (joint accounts with survivorship, POD/TOD, life insurance death proceeds payable to a named beneficiary, retirement accounts with beneficiaries), and assets titled in a revocable trust (these typically bypass probate).
3. Debts: typically you do not subtract general unsecured debts from the value when deciding the dollar threshold — the test is whether the estate’s personal property subject to probate is within the statutory limit. If you have questions about deducting liens or encumbrances on personal property, get legal help or check the statute and local court rules.

5. Add up the eligible items

Use the written bank statements and other documentation you collected. Example calculation:

• Bank A (sole account): $4,200 (balance at date of death, written statement from Bank A)
• Bank B (sole account): $6,500 (written balance)
• Cash on hand: $300
• Personal property (estimated resale value): $2,000
• Total personal property subject to probate = $13,000 — below $20,000, so the small estate affidavit may apply.

6. Confirm account title and nonprobate transfer features

Even if the balance looks small, a bank may refuse to release funds with a small estate affidavit if the account title or the bank’s internal rules require formal probate. Conversely, a joint account or POD account typically transfers outside probate and is not counted. Ask the bank whether they treat the account as probate property.

7. File the small estate affidavit if eligible

If the totals show qualifying personal property of $20,000 or less, you can prepare and file the West Virginia small estate affidavit (or present it to the institution) to collect assets. Courts and institutions may require a particular form; contact the county clerk or probate court where the decedent lived for the correct forms and filing procedures.

8. When the answer is not clear or totals are near the limit

If you find conflicting information, unclear account titles, or a total near $20,000, consider one of these options:

• Ask the bank for a ledger or official account statement showing the date‑of‑death balance.
• Request guidance from the county probate clerk about whether the small estate affidavit will be accepted.
• Consult a West Virginia probate attorney for a quick review — they can confirm what counts as probate property and whether the affidavit is appropriate.

Where to look in West Virginia law

West Virginia’s probate statutes are in Chapter 44 of the West Virginia Code. For general statutory rules about probate and administration procedures, see West Virginia Code, Chapter 44: https://www.wvlegislature.gov/WVCODE/ChapterEntire.cfm?chap=44
(check the relevant article or section used by your county court for the small estate affidavit and procedures).

Helpful Hints

• Get multiple certified death certificates from the funeral home (banks usually keep one, and you will need extras to present to institutions).
• Always get the account balance and account title information in writing from the bank; verbal answers may not be accepted by other parties or the court.
• Don’t assume a jointly accessible checkbook means a joint tenancy with right of survivorship—ask the bank for the official account title.
• Check for all financial institutions: credit unions, local banks, online banks, investment brokers, and safe‑deposit boxes.
• Keep a simple spreadsheet listing each asset, institution, account number (last 4 digits), account title, balance as of date of death, whether it passes outside probate, and your written documentation.
• If a bank refuses to release funds despite apparent eligibility, ask the bank to explain what documentation they need and whether they accept the small estate affidavit; get the response in writing and bring it to the probate clerk or an attorney if needed.
• If the estate slightly exceeds $20,000, you may need to open a formal administration. A probate attorney can advise whether a full administration can be simplified or whether small claims or other alternatives exist.

How to find help in West Virginia

If you are uncertain, contact:

• The county probate clerk where the decedent lived (they can tell you local filing rules and forms).
• The West Virginia State Bar Lawyer Referral Service or a local probate attorney for a short consultation.

Following the steps above—gathering documents, getting written bank balances as of the date of death, identifying nonprobate transfers, and carefully totaling probate personal property—will let you determine whether the estate falls under West Virginia’s $20,000 small estate limit and whether you can use the simplified affidavit procedure.