West Virginia Small Estate Affidavit Form

The West Virginia Small Estate Affidavit “Short Form Settlement” is a form used for transferring the belongings of an individual that died to the rightful heirs. The form paves the way for an estate that is classified in the law as being small (one valued at $100,000 or less). It allows an estate 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 WV law.

Laws: § 44-3A-5



Requirements

Maximum Estate Value: $100,000

Required Conditions: The following must hold true in order for the form to 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 $100,000.
  • The personal representative or surviving spouse is the sole beneficiary of the estate.
  • Any relevant debts and taxes have been duly paid.