West Virginia Small Estate Affidavit Form

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West Virginia Small Estate Affidavit Form

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Last updated March 25th, 2026

A West Virginia small estate affidavit provides the heirs of a decedent the option to collect estate assets quickly and avoid the typically lengthier probate process. The form is also known as the “Affidavit for Small Estate” and must be accompanied by the death certificate and the will (if any) when filing.

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A West Virginia small estate affidavit provides the heirs of a decedent the option to collect estate assets quickly and avoid the typically lengthier probate process. The form is also known as the “Affidavit for Small Estate” and must be accompanied by the death certificate and the will (if any) when filing.

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Laws

  • Maximum Estate Value: $50,000[1]
  • Mandatory Waiting Period: 30 days if affiant is executor or personal representative (60 days otherwise)[2]
  • Where to File: County Clerk’s Office[3]

How to File (3 Steps)

Step 1 – Requirements

The Affidavit for Small Estate may be used if the following applies[4]:

  • The decedent’s estate contains not more than $50,000 and no real property.
  • 30 days have passed since the decedent’s death if the affiant is the named executor or personal representative, or 60 days have passed if not.

Step 2 – File Affidavit

The affiant must file the Affidavit with the county clerk’s office with the original will, death certificate, and filing fee.[5] The clerk will issue a certification letter and send copies of the Affidavit to other successors.[6] Parties with an interest in the estate have 30 days after copies are mailed to object to the Affidavit.[7]

Step 3 – Distribute Assets

The affiant must first settle the estate’s debts, and then collect and distribute the assets to the successors within six months.[8] If more time is needed, an extension may be granted.[9]

Sources

  1. § 44-1A-2(b)(5)
  2. § 44-1A-2(b)(6)
  3. § 44-1A-2(b)
  4. § 44-1A-2(a) & (b)(5)-(6)
  5. § 44-1A-2(c)
  6. § 44-1A-2(f)
  7. § 44-1A-2(g)
  8. § 44-1A-2(b)(7)
  9. § 44-1A-2(h)