West Virginia Small Estate Affidavit | Short Affidavit

To claim real estate owned by a deceased loved one in West Virginia, heirs may file a small estate affidavit. This document allows successors to claim and distribute property as long as there will be no disputes about how the property is distributed, or there is only one heir to the property. The value of the real estate may not exceed $100,000, and there must be enough value in the property to pay debts and taxes. However, there is no waiting period to file the affidavit, per W. Va. Code § 44-3A-5.

How to Write

Step 1 – Download in Adobe PDF or Microsoft Word (.doc).

Step 2 – Enter the following into the form:

  • Header – Enter Superior Court (See List)
  • Name of Decedent
  • Date of Birth
  • Case Number
  • Check the three (3) boxes depending on your situation
  • Date and Sign
  • Verification – On the last page you will be required to verify that everything you have stated is true and accurate

Step 3 – File the form with a copy of the death certificate to the proper clerk or courthouse.