Small Estate Affidavit West Virginia Governor Jim Justice signed into law The Small Estate Act which became effective July 1 2021 The purpose of this new law is to provide an alternative to the traditional probate process for small estates This alternative simplifies the process of distributing a person s property after they die It is meant to be less expensive and faster
a Notwithstanding any provisions of this code to the contrary the small estate of a decedent who dies domiciled in this state may be administered upon affidavit and without the appointment of a personal representative and the small assets of the decedent may be paid or delivered to the authorized successor as provided in this article October 7 2021 A West Virginia law in effect since July 1 2021 simplifies the process for small estates in West Virginia by creating the West Virginia Small Estate Act which allows for administration of certain small estates by affidavit and without appointment of a personal representative
Small Estate Affidavit West Virginia
Small Estate Affidavit West Virginia
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Blank Small Estate Affidavit Form 2022 PrintableAffidavitForm
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WEST VIRGINIA SMALL ESTATE ACT 44 1A 1 Short title definitions 44 1A 2 Administration of a small estate upon affidavit and without appointment 44 1A 3 Payment or delivery of small assets to authorized successor 44 1A 4 Discharge and release of payor treatment of real estate in a small estate 44 1A 5 Construction of article The Decedent s entire personal probate estate as of the date of the Decedent s death wherever located consists only of small assets and the aggregate fair market value of the small assets does not exceed 50 000 The small assets of the Decedent are described and itemized as follows DESCRIPTION FAIR MARKET VALUE
The Decedent s entire personal probate estate as of the date of the Decedent s death wherever located consists only of small assets and the aggregate fair market value of the small assets does not exceed 50 000 The small assets of the Decedent are described and itemized as follows DESCRIPTION FAIR MARKET VALUE Using a Small Estate Affidavit in West Virginia To use West Virginia s small estate procedure you ll first need to file an Affidavit of Small Estate here s a sample This affidavit includes statements that the estate meets the requirements set out above information on whether the deceased person left behind a will or not
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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 2021 the West Virginia Legislature amended the West Virginia Code to create a Small Estate process using an Affidavit for Small Estates This legislation amends WV Code 44 1 28 dealing with the payment of small sums due where no qualifications have been made and adding 44 1A 1 44 1A 2 44 1A
A West Virginia small estate affidavit allows the heirs of a recently deceased person the decedent a means to collect their assets while avoiding a potentially long and arduous probate process The form is generally referred to as the Affidavit for Small Estate and must be accompanied by a copy of the death certificate and a copy of the will if any West Virginia Small Estate Act 44 1A 2 Administration of a Small Estate Upon Affidavit and Without Appointment and no affidavit of small estate has been filed by a successor nominated as a personal representative or executor under the provisions of the will of the decedent and
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Small Estate Affidavit West Virginia - AFFIDAVIT FOR SMALL ESTATE STATE OF WEST VIRGINIA COUNTY OF to wit I being a Successor of the Decedent identified below being first duly sworn upon oath and under penalty of perjury do depose and say to the best of my knowledge and belief as follows 1