Disclaimer: This is educational information only and is not legal advice. Laws change and each situation is different. Consult a licensed West Virginia attorney or your county probate clerk before filing documents.

Detailed answer — what to include on a West Virginia small estate affidavit

A small estate affidavit is a short probate alternative that lets certain personal property of a deceased person be transferred without full administration. In West Virginia, these procedures and the general probate rules appear in Title 44 of the West Virginia Code. See West Virginia Code, Title 44: https://code.wvlegislature.gov/title-44/.

To decide what to list on the affidavit, use three basic questions for each asset:

1. Who is the legal owner on the title or account record at the time of death?
2. Does the asset already pass outside probate (by beneficiary designation, joint ownership with right of survivorship, or trust)?
3. Is the asset the kind of property the small estate procedure covers (usually personal property, not real estate)?

Step 1 — Identify property that is part of the probate estate

Only include assets that are owned solely by the decedent and that do not already transfer by operation of law or contract. Typical probate assets to list include:

• Bank accounts and brokerage accounts that are in the decedent’s name alone and have no payable-on-death (POD) or transfer-on-death (TOD) beneficiary listed.
• Personal property (furniture, jewelry, household goods) owned solely by the decedent.
• Vehicles titled in the decedent’s name only when West Virginia procedure allows transfer by affidavit or simplified title process.
• Accounts receivable and other intangible property in the decedent’s name without a beneficiary designation.

Step 2 — Exclude property that passes outside probate

Do not list assets that already go directly to someone else by law or contract. Common examples you generally should not list on the small estate affidavit:

• Life insurance proceeds, retirement accounts (IRAs, 401(k)s) or annuities that name a beneficiary — those pass by beneficiary designation.
• Bank or brokerage accounts with a POD or TOD payee.
• Property held jointly with right of survivorship (joint tenancy or tenancy by the entirety) — the surviving owner typically succeeds automatically.
• Assets held in a living trust — the trustee administers distribution.
• Real estate — most small estate procedures cover personal property only; real property usually requires formal probate or a different statutory process.

Step 3 — Treat unclear titles conservatively

If records are ambiguous, list the asset and explain the title situation in the affidavit or a cover memo, or check with the county clerk. For example:

• If a bank account shows both decedent and another person but you are unsure whether it is JTWROS, ask the bank for an account agreement or beneficiary designation before assuming it passes outside probate.
• If a vehicle title lists only the decedent but a spouse claims joint ownership, verify the title and registration.

Step 4 — Dollar values and zeros

Small estate affidavits often require you to list the approximate value of each listed asset. Rules vary by county, but use these guides:

• If an asset is reportable but truly worthless, you may list it with a value of zero and briefly explain why.
• If an asset is not part of probate (for example, life insurance payable to a named beneficiary), you can omit it entirely. If the affidavit form asks about such types of assets, state “N/A” or “Not part of probate—has beneficiary” rather than listing a value.
• Give reasonable, supportable values. For cash and account balances, use the balance at date of death if known. For personal property, use fair market values or approximate estimates.

Step 5 — Watch statutory and county requirements

West Virginia law and local court rules govern who can use a simplified process and what property qualifies. Some counties provide forms and instructions; others require specific language. Before filing, contact the county probate clerk or consult Title 44 of the West Virginia Code for applicable rules and thresholds: https://code.wvlegislature.gov/title-44/.

Practical checklist before you file

• Collect original documents: death certificate, account statements, titles, deeds, beneficiary designations, and the decedent’s will (if any).
• Confirm each asset’s ownership and whether a beneficiary or joint owner exists.
• Exclude assets that clearly pass outside probate (beneficiaries, trust property, JTWROS, pay-on-death).
• Value the remaining assets reasonably and prepare brief explanations for anything listed as zero or omitted due to non-probate status.
• Check your county clerk’s required form and filing steps; some counties offer a small estate affidavit form or instructions.

When you should get help

If the decedent owned real estate, complex assets, business interests, assets in multiple states, or conflicting title documentation, speak with a West Virginia probate attorney or the county clerk before filing an affidavit. Mistakes can lead to personal liability for anyone who relies on the affidavit to transfer property.

Hypothetical example

Jane Doe (decedent) died owning the following:

• Checking account in her name only with $6,200 — include and list approximate balance.
• Life insurance naming her sister as beneficiary — do not include; note beneficiary designation.
• Car titled in Jane’s name only, value about $3,000 — include and list value (or use the county’s vehicle affidavit/transfer form if required).
• House titled in her name — do not include on a personal property small estate affidavit; real estate typically requires probate or a different procedure.
• Bank account with POD to “son” — do not include; POD beneficiary receives funds directly.

On a West Virginia small estate affidavit, Jane’s administrator would list the checking account and the car with values. They would omit the life insurance, the POD account, and the house, and provide supporting documentation for those exclusions.

Helpful hints

• Start with written records: titles, beneficiary forms, and account statements are decisive evidence of how each asset passes.
• If in doubt, contact the institution (bank, insurance company, DMV) and ask whether the asset requires probate or transfers outside probate.
• Never list another person’s property as if it belonged to the decedent just to make the affidavit look complete.
• Keep a copy of the filed affidavit and all supporting documents — institutions will want originals or certified copies.
• When an asset’s value is uncertain, give a reasonable estimate and note how you calculated it (e.g., bank balance as of date of death, Kelley Blue Book for a vehicle).
• Contact the county probate clerk for local filing steps and any small-estate value limits or special forms.