A Small Estate
W. Va. Code § 44-1A-2 — an affidavit with the county clerk for up to $50,000 in personal property, after thirty or sixty days
A small estate is one where the personal property is worth not more than $50,000 and the real estate in the state not more than $100,000. Where there is no probate real estate at all, it may be handled by affidavit, without appointing a personal representative.
- The affiant's name and address, and the decedent's name, date of death and address.
- Any known will, with the original attached, or that there was none.
- Every heir or beneficiary, with their address and relationship.
- A list of the assets and their estimated value.
That is what the affidavit, sworn under penalty of perjury and filed with the clerk of the county commission, sets out.
Thirty or sixty days. An executor named in the will may file at least 30 days after the death, and anyone else at least 60 days after, if no one has applied to be personal representative.
A bank or anyone else holding a small asset pays or delivers it to the authorized successor once shown the clerk's certificate, and the successor pays the funeral, costs and known creditors before passing the rest on.
The authorized successor is liable to the rightful heirs for a breach for three years after the certificate. A particular estate is a question for a licensed West Virginia attorney.
Sources for this section (3)
- W. Va. Code § 44-1A-1 — West Virginia Small Estate Act: short title; definitions
- W. Va. Code § 44-1A-2 — Administration of a small estate upon affidavit and without appointment
- W. Va. Code § 44-1A-3 — Payment or delivery of small assets to authorized successor
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.