(a) Notwithstanding any provisions of this code to the contrary, the small estate of a
decedent who dies domiciled in this state, without owning any probate real property or
without owning any interest in probate real property, may be administered upon affidavit
and without the appointment of a personal representative, and the small assets of the
decedent may be paid or delivered to the authorized successor as provided ien this article.
(b) Any successor of a decedent who dies domiciled in this state, without owning any probate
real property or without owning any interest in probate real property, may execute and
tender for recording to the clerk of the county commission, or thue fiduciary supervisor of the
clerk of the county commission, of the county in this state which would have jurisdiction over
the probate concerning the estate and assets of the decedentt an affidavit made upon oath
and under penalty of perjury concerning the small estate setting forth in substance:
(1) The name and current address of the affiant;
(2) The name of the decedent, the date of deasth of the decedent, and the address and
residence of the decedent at his or her death;
(3) Whether the decedent had any known will, with the original of the known will to be
attached to the affidavit and tendered for recording in the county as long as the will is in due
and proper form for probate as a will in this state, or whether the decedent died intestate
with no known will;
(4) A listing of the names, current addresses, and relationship to the decedent of any person
nominated as a personal representative under the known will, together with a listing of the
names, current addre sses, and relationship to the decedent of the beneficiaries under the
known will enVtitled to the estate or assets of the decedent. If there is no known will of the
decedent, a listing of the names, current addresses, and relationship to the decedent of all of
the intestate heirs-at-law and distributees of the decedent determined under the laws of
intestate descent and distribution of this state;
(5) That the decedent's entire personal probate estate as of the date of the decedent's death,
wherever located, consists only of small assets and the aggregate fair market value of all of
the small assets does not exceed $50,000, together with a description or itemization of the
small assets with an estimate of value, if known or ascertainable;
(6) That if the successor is nominated as a personal representative or executor under the
provisions of the will of the decedent, at least 30 days have elapsed since the decedent's
date of death and no application for the appointment of a personal representative for the
decedent is pending or has been granted in any jurisdiction. If the successor is not
nominated as a personal representative or executor under the provisions of the will of the
decedent, at least 60 days have elapsed since the decedent's date of death, no application
for the appointment of a personal representative for the decedent is pending or has been
granted in any jurisdiction, and no affidavit of small estate has been filed by a successor
nominated as a personal representative or executor under the provisions of the will of the
decedent; and
(7) That the affiant will faithfully administer the small assets of the decedent in accordance
with the law and pay or deliver the small assets to the successor or successors so entitled,
after paying any known or ascertainable creditors of the decedent. e
(c) The clerk of the county commission, or the fiduciary supervisor of the clerk of the county
commission, shall upon receipt of the affidavit review and inspect the affidavit, and if the
county clerk or fiduciary supervisor determines the affidavit to bue in completed form, the
county clerk or fiduciary supervisor shall record and index the affidavit, together with the
original of any will tendered with the affidavit, in the same mtanner and upon the same fees
as wills and affidavits of beneficiaries or heirs are recorded and indexed in case of probate
administration with appointment of a personal representative. The clerk of the county
commission, or the fiduciary supervisor of 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 responsibilities under this artiscle.
(d) A bond, security, or oath is not required when an appointment of a personal
representative is not made for a smagll estate under the provisions of this article.
(e) 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 article:
IN THE COUNTY COMMISSION OF __________ COUNTY, WEST VIRGINIA
RE: THE ESTATE OF ______________________
DOD: _____________________
AFFIDAVIT FOR SMALL ESTATE
STATE OF ________________,
COUNTY OF ______________, to-wit:
I, ______________________________, being a Successor of the Decedent identified below, being
first duly sworn, upon oath and under penalty of perjury, do depose and say to the best of my
knowledge and belief as follows:
1. My name is ______________________________, and my current address is
_______________________________________________________________________________________________
_________________________________________________________.
2. The Decedent, ______________________________________________, died on _____________________
(date of death), a resident of ___________________ County, State of West Virginia, with his/her
usual residence being
_______________________________________________________________________________________________
_________________________________________________________. A certified death certificate has
been furnished herewith for filing in this County. I am a Successor of the decedent as
______________________________ (state relationship).
3. TESTACY ( ) [Check if applies] or ( ) [Check if Not Applicable]
At the date of death, the Decedent died with an original Last Will and Testament of the
Decedent dated _____________________, without any codicil theretou ( ) or with codicil(s) thereto
dated ____________________ ( ) [Check if applies]. The aforesaid original Last Will and
Testament of the decedent, together with any codicil(s), is futrnished herewith for recording
in this County as permitted by West Virginia Code § 44-1A-2(b).
Under the Last Will and Testament of the Decedent, the following person(s) is/are nominated
to be the personal representative(s) of the Estate: l
a. Name:________________________________________________
Address: ________________________________________________
_______________________________________________________
b. Name:________________________________________________
Address: ________________________________________________
_______________________________________________________
Pursuant to the provisions of the above referenced Will of the Decedent, the following
perWsons are the named beneficiaries of the estate of the Decedent:
a. Name: _______________________________________________
Address: _______________________________________________
_______________________________________________________
Relationship to Decedent: __________________________________
Share or percentage or particular item: ________________________
b. Name: _______________________________________________
Address: ________________________________________________
_______________________________________________________
Relationship to Decedent: __________________________________
Share or percentage or particular item: ________________________
c. Name: ________________________________________________
Address: _______________________________________________
_______________________________________________________
Relationship to Decedent: __________________________________
Share or percentage or particular item: ________________________
d. Name: _______________________________________________
Address: _____________________________________s___________
___________________________________________i____________
Relationship to Decedent: __________________________________
Share or percentage or particular item: ________________________
e. Name: ________________________________________________
Address: ____________ ____________________________________
________________________________________________________
RelWationship to Decedent: ___________________________________
Share or percentage or particular item: _________________________
(If more space is needed, attach additional page(s) to affidavit)
4. INTESTACY ( ) [Check if applies] or ( ) [Check if Not Applicable]
At the date of death, the Decedent died intestate with no known will. The Decedent left as
his/her heirs-at-law and distributees in accordance with the laws of intestate descent and
distribution of the State of West Virginia the following persons:
a. Name: ________________________________________________
Address: ________________________________________________
Relationship to Decedent: ___________________________________
Share or percentage: ______________________________________
b. Name: ________________________________________________
Address: _________________________________________________
Relationship to Decedent: ____________________________________
Share or percentage: ______________________________________
c. Name: ________________________________________________
Address: ________________________________________________
Relationship to Decedent: ___________________________________
Share or percentage: _________________________s_____________
d. Name: _________________________________i_______________
Address: ________________________________________________
Relationship to Decedent: ___________________________________
Share or percentage: _______________________________________
e. Name: ____________ ____________________________________
Address: _________________________________________________
RelWationship to Decedent: ____________________________________
Share or percentage: _______________________________________
(If more space is needed, attach additional page(s) to affidavit)
5. The Decedent's entire personal probate estate, as of the date of the Decedent's death,
wherever located, consists only of small assets and the aggregate fair market value of the
small assets does not exceed $50,000. The small assets of the Decedent are described and
itemized as follows:
Description Fair Market
value
a.
b.
c.
d.
e.
f.
Total
(If more space is needed, attach additional page(s) to affidavit)
6. The
Decedent
did not ( ) r
die seized
and
possessed
of any
probate
real estate a
or
interests l
in probate
real estate
in the
state of
West
Virginia.
7. ( ) [Check if applies] or ( ) [Check if Not Applicable] If the affiant is a Successor who was
nominated as a personal representative or executor under the provisions of the above Will of
the Decedent, at least 30 days have elapsed since the Decedent's date of death and no
application for the appointment of a personal representative for the Decedent is pending or
has been granted in any jurisdiction;
or
( ) [Check if applies] or ( ) [Check if Not Applicable] If the affiant is a Successor who was
NOT nominated as a personal representative or executor under the provisions of the above
Will of the Decedent or if the Decedent died intestate without a will, at least 60 days have
elapsed since the Decedent's date of death and no application for the appointment of a
personal representative for the Decedent is pending or has been granted in any jurisdiction,
and no affidavit of Small Estate has been filed by a Successor nominated as a personal
representative or executor under the provisions of the Will of the Decedent.
8. The undersigned Affiant will faithfully administer the small assets of the Decedent in
accordance with the law and pay or deliver the same to the Successor or Successors so
entitled.
Witness my hand and seal this ____ day of __________, 20___.
______________________________
Signature of Affiant/Successor
Taken, subscribed, and sworn to before me the undersigned authority by
_________________________________, this ____ day of __________, 20___.
{seal}
My Commission expires: ______________________________
__________________________________________________
Notary Public t
(f) Upon acceptance and recording of the affidavit provided in this section, the county clerk
or fiduciary supervisor shall mail a copy of the affidavit to the personal representative, if any
is nominated in an attached will, and the beneficiaries under the will when the decedent dies
with a will or the heirs-at-law when the decedent dies without a will, all of whom are listed
on the affidavit, and shall issue a certificate and authorization of a small estate to the
authorized successor who completed the affidavit, authorizing the successor to be paid,
transferred, and delivered the small assets of the decedent with authority to pay, transfer,
and deliver the small assets to the successor or successors of the decedent entitled pursuant
to the provisions of this article and the other laws of the state of West Virginia and with
authority to faithfully perform the duties of the office necessary to collect and administer the
small assets of the decedent including, but not limited to, making application for and
executing receipts, assignments, transfers, releases, waivers, applications, claims, claims for
refunds, and federal, state, or local tax returns of the decedent concerning the small assets,
pursuing litigVation for or against the decedent or the decedent's estate, and paying or
settling the funeral expenses or the claims of creditors of the decedent.
(g) If within 30 days after the mailing of a copy of the affidavit by the county clerk or
fiduciary supervisor any interested person in the estate of the decedent files a written
objection with the county clerk or fiduciary supervisor upon good and proper grounds, the
county clerk or fiduciary supervisor shall refer the objection to a fiduciary commissioner for
determination, report, and recommendation which may, among other things, revoke the
certificate and authorization of small estate and require full and complete probate
administration of the estate of the decedent in accordance with the other applicable
provisions of this article. Upon any revocation of the certificate and authorization of small
estate, the authorized successor shall provide an accounting and report of all payments or
deliveries made of the small assets of the decedent.
(h) The authorized successor may act under the certificate and authorization of small estate
issued under the provisions of this article for a period of six months from the date of the
original issuance of the certificate and authorization but may, upon a showing of good cause
in an application made to the county clerk or fiduciary supervisor, be granted an extension
of an additional time period not to exceed six months upon issuance of an extended
certificate and authorization of small estate to be issued by the county clerk or fiduciary
supervisor.
(i) If at any time after the original issuance of the certificate and authorization by the county
clerk or fiduciary supervisor, the authorized successor or an interested perseon determines
that the probate estate of the decedent does not qualify as a small estate because the
aggregate values of all of the small assets of the decedent exceed the vralues provided in this
article, upon application by an interested person the county clerk or fiduciary supervisor
shall rescind the certificate and authorization of the small estate and shall mail a written
order of rescission to the authorized successor and other interested persons, and a probate
under the other provisions of this article shall be commencetd by an interested person.‹ Prev All West Virginia sections Next ›
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