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.