What documents are needed to complete a small estate affidavit for estate assets in West Virginia?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Under West Virginia law, you can use a small estate affidavit to transfer certain personal property without full probate when the total value of the decedent’s personal assets does not exceed $100,000. See West Virginia Code § 44-1-12 (https://code.wvlegislature.gov/44-1-12/). This streamlined process helps heirs receive bank balances, vehicles, and other non-real estate assets more quickly.

To prepare and file a small estate affidavit, gather the following documents:

  • Certified Death Certificate: Obtain an official copy issued by the West Virginia Bureau for Public Health Vital Registration.
  • Small Estate Affidavit Form: Use a written affidavit signed under oath by the person entitled to assets (the “affiant”). Include the affiant’s full name, address, relationship to the decedent, and statement of entitlement.
  • Proof of Estate Value: Provide recent statements or appraisals showing the fair market value of each asset (e.g., bank statements, vehicle valuation from the DMV).
  • Evidence of No Will or Copy of Will: If the decedent left a valid will, attach a certified copy. If there is no will, state that fact clearly in the affidavit.
  • List of Heirs or Beneficiaries: Identify all persons entitled under West Virginia intestacy rules, with their names and contact information.
  • Affiant’s Identification: A photocopy of a government-issued photo ID (driver’s license or passport) for the person signing the affidavit.

Example: If Jane Doe died owning a bank account worth $40,000 and a car valued at $10,000, and she left no real property, an heir may complete the small estate affidavit with the documents above to claim those assets.

Disclaimer: This information is not legal advice. Consult a qualified attorney in West Virginia to discuss your specific situation.

Helpful Hints

  • Verify Asset Limits: Confirm current small estate limits in W. Va. Code § 44-1-12 before proceeding.
  • Obtain Certified Copies: Courts and financial institutions often require certified rather than photocopied death certificates.
  • Keep Records Organized: File originals and provide court or institutions with clear, indexed copies.
  • Check Local Court Rules: Some counties may have specific filing procedures or additional fee requirements.
  • Consult an Attorney if Uncertain: Even with an affidavit, complex estates or disputes may require full probate.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.