West Virginia Small Estate Affidavit Template

West Virginia Small Estate Affidavit Template

The West Virginia Small Estate Affidavit is a legal document that allows individuals to settle the estate of a deceased person without the need for formal probate proceedings, provided the estate meets certain criteria. This form simplifies the process for heirs and beneficiaries, enabling them to claim assets efficiently. For those needing to navigate this process, filling out the form is a crucial step; click the button below to get started.

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The West Virginia Small Estate Affidavit form serves as a crucial tool for individuals seeking to simplify the process of settling a decedent's estate when the total value of the estate is below a specified threshold. This form allows heirs to bypass the often lengthy and costly probate process, enabling them to claim assets directly. To qualify, the estate must meet certain criteria, including a maximum value limit and the absence of real property. The form requires the affiant to provide essential information, such as the decedent's details, the nature of the assets, and the names of the heirs. Additionally, the affiant must affirm that they are entitled to the assets and that all debts of the estate have been settled or accounted for. By utilizing this affidavit, heirs can expedite the transfer of property and ensure a more efficient resolution of the estate, reflecting West Virginia's commitment to easing the burden on families during a difficult time.

West Virginia Small Estate Affidavit Example

West Virginia Small Estate Affidavit

Pursuant to the West Virginia Small Estate Act, this Affidavit is used to facilitate the transfer of assets of a deceased person (the decedent) whose estate falls below a specific value threshold, allowing a simplified process that avoids formal probate. This document is to be used solely for estates that qualify under the specifics of West Virginia state laws.

State of West Virginia
County of ____________

I, ____________ (Affiant), residing at ____________, being duly sworn, depose and say:

  1. The decedent, ____________, whose date of death was ____________, died a resident of ____________, County of ____________, State of West Virginia.
  2. The decedent died without a will.
  3. The value of the entire estate subject to administration in West Virginia, less liens and encumbrances, does not exceed the amount prescribed by West Virginia law (currently $100,000 for surviving spouses and $50,000 for other successors).
  4. No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.
  5. The claiming successor(s) are entitled to payment or delivery of the small estate assets.
  6. A detailed description of all personal property, including but not limited to bank accounts, vehicles, and stocks, that the affiant is seeking to have transferred under this affidavit is as follows:
    • Type of Asset: ____________
    • Value: ____________
    • Account/Identification Number (if applicable): ____________
  7. A detailed description of all real property, if any, including legal descriptions and values, that the affiant is seeking to have transferred under this affidavit is as follows: ____________.
  8. All debts of the decedent, including funeral and burial expenses, have been paid or adequately provided for.
  9. The affiant requests that the described property be transferred to the rightful successor(s) as determined by West Virginia law.

Under penalty of perjury, I declare that the statements made in this affidavit are true and correct to the best of my knowledge, information, and belief.

Date: ____________

Signature: ____________

Printed Name: ____________

Subscribed and sworn before me this ____________ day of ____________, 20__.

Notary Public: ____________

My Commission Expires: ____________

Seal:

▼ Small Estate Affidavit PDF

File Details

Fact Name Details
Purpose The West Virginia Small Estate Affidavit allows heirs to claim property without going through a full probate process.
Eligibility To use this form, the total value of the estate must not exceed $50,000, excluding certain assets.
Governing Law This affidavit is governed by West Virginia Code § 44-1-1.
Required Signatures The form must be signed by all heirs and notarized to be valid.
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