West Virginia Small Estate Affidavit | Short Form Settlement

The West Virginia Small Estate Affidavit is a form used for transferring the belongings of an individual that died to their heirs (as stated in a will or by other means). The legal document goes by the official title of, “Short Form Settlement” report. Essentially, it paves the way for an estate that is classified in the law as being small (one valued at $100,000 or less) to be settled as quickly as possible by avoiding the involvement of the fiduciary commissioner. In order to use it, the elected personal representative to the estate must complete and file it no sooner than ninety (90) days after the decedent’s death, as well as ensure they are within the required conditions outlined in West Virginia law.

Laws & Required Conditions

Laws: § 44-3A-5

Maximum Estate Value: $100,000

Required Conditions: As long as the below conditions are met successfully, state law dictates that the settlement form can be used:

  • The estate does not include real property (unless a will the decedent left behind necessitates that it be administrated).
  • The value of the estate does not exceed the upper limit dictated by West Virginia ($100,000).
  • The personal representative or surviving spouse is the sole beneficiary of the estate.
  • Any relevant debts and taxes have been duly paid.