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When a West Virginia resident dies owning only personal property worth $50,000 or less, heirs can use the small estate affidavit process under West Virginia Code §44-3A to avoid formal probate. This streamlined method speeds up distribution and reduces costs. Below is a step-by-step guide.

Step 1: Determine Eligibility

Confirm that the total value of the decedent’s personal property (bank accounts, vehicles, furniture, etc.) does not exceed $50,000. Excluded assets include real estate, life insurance proceeds with named beneficiaries, assets held in trust and retirement accounts with designated payees.

West Virginia Code: §44-3A (Disposition of Personal Property of Estates Not Exceeding $50,000)

Step 2: Identify Heirs and Distribution Shares

If the decedent left a valid will, distribute personal assets as directed. If there’s no will, apply West Virginia’s intestate succession rules (WV Code §42-1A):

• Spouse and children share equally.
• If no spouse, all children inherit equally.
• If no spouse or children, parents inherit.
• If no parents, siblings inherit equally, and so on.

Step 3: Prepare the Affidavit

The affidavit must include:

• Decedent’s name, date of death and last residence.
• Itemized list of personal property with values.
• Statement that no probate case is pending and 40 days have passed since death (or 30 days if a will exists and has been lodged for probate).
• Names, addresses and relationships of all heirs.
• A distribution schedule showing each heir’s share.

Step 4: File with the County Clerk

File the signed, notarized affidavit and a certified copy of the death certificate in the county where the decedent lived. Pay the applicable filing fee. The clerk will stamp and return a certified copy of your affidavit.

Step 5: Collect and Distribute Assets

Present the certified affidavit to banks, financial institutions or other holders of assets. They must release property as outlined in the affidavit. Then distribute funds and personal property to heirs according to the schedule you provided.

Helpful Hints

• Obtain multiple asset valuations to ensure accuracy under the $50,000 limit.
• Order certified death certificates early to avoid delays.
• Confirm no pending probate or creditor’s claims before filing.
• Use a template or court-approved form for the affidavit to meet statutory requirements.
• Notify all potential heirs even if they waive their share in writing.
• Keep copies of filed affidavits and distributions for your records.
• Consult an attorney if disputes arise among heirs or if asset values approach the limit.