nonresident intestate decedent without appointment of intestate
administrator.
(a) When a person dies intestate the jurisdiction to hear and determine the right of
administration of his or her estate shall be in the county commission or clerk thereof during
the recess of the regular sessions of the county commission which would have jurisdiction as
to the probate of his or her will, if there were one. Administration shall be granted to the
distributees who apply therefor, preferring first the husband or wife, and then such of the
others entitled to distribution as the county commission or clerk shall see fit. If no
distributee apply for administration within 30 days from the death of the intestate, the
county commission or clerk may grant administration to one or more of the creditors of the
decedent, or to any other person who shall be fit.
(b) Notwithstanding the provisions of subsection (a) of this section:
(1) Any person having an interest in real estate situate in this state that was seized and
possessed by a decedent who was a nonresident of this state and who has died interstate
without any will, including a personal representative who has qualified in another state or
jurisdiction, for which no appointment of an ancillary personal representative or
administrator to administer the real estate within this state is necessary for any proper
purpose may execute and tender for recording in the county an affidavit setting forth in
substance:
(A) A Description of the real estate owned by the nonresident decedent at the time of his or
her death situate within the county where the affidavit is to be recorded together with its
assessed value for ta x purposes and its fair market value at the date of death of the
decedent; V
(B) That the nonresident decedent died interstate without any will presented or probated in
this state or in any other state or jurisdiction;
(C) That more than 60 days have passed since the death of the decedent and no personal
representative or administrator of the decedent's estate has been otherwise appointed in
this state for any proper purpose; and
(D) The names and last known addresses of the decedent's heirs at law determined under
the laws of this state entitled to the real estate situate in this state.
(2) The clerk of the county commission shall record and index the affidavit in the same
manner and upon the same fees as affidavits of heirs are recorded and indexed in case of
interstate administration with appointment of a personal representative. The clerk of the
county commission may require a certified copy of the decedent's death certificate or other
proof of death and residence prior to fulfilling the clerk's responsibilities under this chapter.
(3) A bond, security, or oath is not required when no appointment of an ancillary personal
representative or administrator is made under the provisions of this section.
(c) A document substantially in the following form may be used as the affidavit provided in
subsection (b) of this section with the effect as prescribed in this section:
THE COUNTY COMMISSION OF ______________ COUNTY, WEST VIRGINIA
IN RE: THE ESTATE OF _________________________
DOD: ________________________ u
AFFIDAVIT FOR ANCILLARY ADMINISTRATION
OF WEST VIRGINIA REAL ESTATE
WITHOUT APPOINTaMENT
(INTERSTATE)
STATE OF _________________,
COUNTY OF ________________, to-wit"
I,__________________________________, whose address is ___________________
_____________________________________________________________________________, being first duly
sworn, upon oath and under peenalty of perjury, do depose and say as follows:
1. The decedent,________L_____________________, died on
__________________________(date of death), a resident of____________________ County, State of
_________________________. The decedent has left no will so far as I know, and no will of the
decedent has been presented or probated in this state or in any other state or jurisdiction.
2. More than 60 days have passed since the death of the decedent's estate has been
othWerwise appointed in the State of West Virginia for any proper purpose.
3. A certified death certificate has been furnished herewith for filing in this County.
4. The Decedent died owning and possessing the following real estate situate in West
Virginia:
Description County Assessed Value Fair Market value
a.
b.
c.
d.
Total
5. the decedent, _____________________, left as his/her heirs at law in accordance with the laws
of interstate descent and distribution of the State of West Virginia the following persons:
a. Name:____________________________________________________________
Address:_________________________________________________________
Relationship to Decedent:________________________________________
Share or percentage:_____________ e
b. Name:____________________________________________________________
Address:_________________________________________________________
Relationship to Decedent:________________________________________u
Share or percentage:_____________
c. Name:____________________________________________________________
Address:_______________________________________________a__________
Relationship to Decedent:________________________________________
Share or percentage:_____________ l
d. Name:____________________________________________________________
Address:__________________________________i_______________________
Relationship to Decedent:___________g_____________________________
Share or percentage:_____________
6. No appointment of an ancillary personal representative to administer the decedent's real
estate within the State of West Virginia is necessary for any proper purpose.
7. I have personal knowledge of the above facts and am interested in the Estate of
_____________________ __, the decedent, as the ( ) acting domiciliary personal representative,
( ) surviving sVpouse, ( ) beneficiary under the decedent's will, ( ) heir at law, or ( ) other
____________________________ (describe relationship or interest.) [Check one]
_________________________________
Signature of Affiant
Taken, subscribed, and sworn to before me the undersigned authority by
________________________________________, this _________ day of ____________________, 20_____.
{seal}
My Commission expires: _______________________________
_________________________________________________________
Notary Public‹ Prev All West Virginia sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.