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A West Virginia small estate affidavit, also known as a 'short form settlement', is a form that can be used to hasten the distribution of an estate worth $50,000 or less in the State of West Virginia.
Is Probate Required in West Virginia? Yes, the settling of an estate\u2014whether under the terms of a will or under default intestate rules\u2014must occur according to West Virginia law. In most cases, the deceased person's final wishes are stated in a will document with named heirs, transfers and assets.
Excluding real estate, the probate estate is valued at $100,000 or less; or. The personal representative is the only beneficiary of the estate; or. The surviving spouse is the only beneficiary of the estate; or. All parties agree, and state that there are enough assets to pay debts and taxes.
Nonprobate personal property means all property which does not pass by operation of the decedent's will or by the laws of intestate descent and distribution or is otherwise not subject to administration in a decedent's estate.
The most common and straightforward situation where a grant of probate will not be needed is where the deceased owned assets in joint names. This may be property, bank accounts, or life policies, that continue in the name of the survivor.
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There two ways to close the estate: (1) final settlement; or (2) waiver of final settlement. Generally, you must close the estate within 5 years of starting the probate process. W. Va.
A small estate affidavit is a form one can complete to speed settlement of a small estate through probate. It eliminates the need for a spouse or family members to go through a formal probate process supervised by the courts in the distribution of a loved one's property to creditors and heirs.
During the probate process the deceased's property is collected, applicable debts and taxes are paid from the estate, and then the remaining property is distributed. If the deceased dies testate (with a valid will), then the estate will be distributed according to the terms of the will.
Excluding real estate, the probate estate is valued at $100,000 or less; or. The personal representative is the only beneficiary of the estate; or. The surviving spouse is the only beneficiary of the estate; or. All parties agree, and state that there are enough assets to pay debts and taxes.
Living trusts In West Virginia, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

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