West Virginia Small Estate Affidavit | Affidavit of Heirship
The state of West Virginia allows successors to file either a small estate affidavit or an affidavit of heirship to claim personal and real estate property that a deceased loved one leaves behind. The property may not value more than $100,000, and the decedent may not have left a last will and testament. There may also be no other claims to the property in probate court, and the executor must agree to pay creditors out of the value of the estate. However, loved ones may avoid the time and expense of probate court, and distribute their loved one’s property as they see fit, by filing these affidavits.
Affidavit of Heirship: Family members may file the affidavit of heirship to avoid probate court if the financial and tangible property of a deceased loved one does not exceed $100,000 in value.
Small Estate Affidavit: If the decedent had debts, then a voluntary administrator must divide the property. Any real estate property value left over will be distributed to the heirs.