General Info
AFFIDAVIT FOR ANCILLARY ADMINISTRATION OF WEST VIRGINIA
REAL ESTATE WITHOUT APPOINTMENT WV Code §41-5-13, 44-1-4, and §44-1-14b
PURPOSE: To transfer West Virginia real property, oil, gas, or mineral interest from a non-WV resident decedent to beneficiaries or heirs-at-law without in-person administration of an estate.
*If decedent owned assets in more than one WV county, the Affidavit should include ALL WV assets. The original Affidavit and attachments will be filed in one WV county and published, then certified copies of the Affidavit would be purchased from that county for filing in all other applicable counties. Publication is only required in one county in the state.
DOCUMENTS REQUIRED:
- Original death certificate
- Affidavit for Ancillary Administration of WV Real Estate Without Appointment (choose whichever one of the following that applies):
- Intestate – without a Will probated in another state
- Testate – with the original Will that was not probated in another state
- Testate – with an authenticated/exemplified (3 stamps) copy of the Will that was probated in another state; probate order attached
FEES REQUIRED:
- $12.00 for the first 5 pages of the Affidavit and Will (if applicable), $1/page more for each page thereafter. Don’t include the death certificate in the page count, it will be returned. (please call to verify filing fee)
- $20.00 publication fee
*All fees are payable to Monongalia County Clerk’s office by cash, check or credit/debit card, there is a transaction fee of 2.5% or a minimum of $1.00 for debit/credit. If you’d like to pay by credit/debit card, please indicate that with your submission and leave a phone number that you can be reached Mon.-Fri. 8:30am to 4:30pm.
Mail documents and fees to: Monongalia County Clerk’s Office, Attn: Probate, 243 High Street, Room 123, Morgantown, WV 26505
PUBLICATION: A Notice of Ancillary Administration will be published the following month in the Dominion Post. Within 30 days of publication, a copy of the publication notice will be mailed to the Affiant.
*It is the Affiant’s responsibility to mail a copy of the notice within 30 days to all applicable: surviving spouse, personal representative(s)-- if there’s a will, all beneficiaries &/or heirs at law; and any known creditors (including lien/deeds of trust) residing or located in this state.
If no objections are filed with the Monongalia County Clerk’s office within 60 days of the first publication, the process is complete.
If an objection is filed with the Monongalia County Clerk’s office within 60 days of the first publication, the objection would be presented to the Monongalia County Commission, and full Ancillary Administration may be required.
FORMS:
- Ancillary Affidavit Intestate (Fillable PDF)
- Ancillary Affidavit Original Will (Fillable PDF)
- Ancillary Affidavit Authenticated Copy of Will (Fillable PDF)
*** THESE ARE THE INSTRUCTIONS FOR RECORDING AN AFFIDAVIT FOR ANCILLARY ADMINISTRATION IN THE MONONGALIA COUNTY CLERK'S OFFICE. OUR OFFICE CANNOT GIVE LEGAL ADVICE. IF YOU NEED ASSISTANCE COMPLETING THE FORM, PLEASE CONTACT AN ESTATE ATTORNEY. ***
Information on Recording a Last Will and Testament,
Filing a Small Estate Affidavit, or Opening Probate
If the decedent had a Last Will and Testament there are three options: 1) Record the Will Only; 2) Record the Will and file a Small Estate Affidavit; 3) Record the Will and open probate. All require either the original death certificate or a copy of the temporary death record from the funeral home:
ALL OPTIONS CAN BE DONE VIA CERTIFIED OR OVERNIGHT MAIL, OR IN PERSON AT AN APPOINTMENT WITH THE PROBATE DEPT. TO SCHEDULE AN APPOINTMENT CALL 304-291-7230 X 7270, EMAIL This email address is being protected from spambots. You need JavaScript enabled to view it. OR USE OUR ONLINE SCHEDULING LINK AT https://monongaliacountyclerkoffice.as.me/schedule.php?appointmentType=246126
**You are welcome to drop-off your forms in person, but you may not be able to meet with the probate department without an appointment**
| Option 1) Record the Will Only - No Letters of Administration are provided. |
| Bring in or mail, by certified or overnight mail, the original Last Will and Testament to the Courthouse for recording. No Letters of Administration are provided. Include a $12 filing fee if the Will is 4 pages or less. $1/page more for each additional page. We accept cash, check, money order, or credit card. If you’d like to pay by credit card, leave a phone number that you can be reached at Monday – Friday between 8:30am and 4:30pm and our staff will contact you for the credit card information. There is a $2 administrative fee for credit card payments. We will mail you a copy of the Will and your receipt. Our office retains the original Will by law. West Virginia law states the Will is to be recorded within 30 days of death. See WV Code 41-5-1. |
| Option 2) Record the Will and File a Small Estate Affidavit – Certificate of Authorization for small assets is provided. |
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This option can be used to appoint an “Authorized Successor” if the assets of the decedent were under $50,000 for personal property (i.e., bank accounts, anything payable to the estate, automobiles, household goods). See WV Code 44-1A-1. **If there are real estate or oil and gas interests in the decedent’s name only, full probate is required. The executor named in the Will can file 30 or more days after death, or a beneficiary in the Will can file 60 or more days after death, if no other probate has been opened. The Small Estate Affidavit is a single form that is an appointment of an Authorized Successor, a list of beneficiaries, and a list of the small assets of the decedent. The Certificate of Authorization that is issued after filing provides access to the specific small assets that are listed. The Will and Small Estate Affidavit can be recorded together, or the Will can be recorded first to meet the burden of the law, and the Small Estate Affidavit can be filed at a later date if assets are found that the executor needs access to, for example, a car title, or a refund check made payable to the estate.
Use this form titled: Small Estate Affidavit Form and Instructions – Testate (Will) Example of Completed SEA Form and Other Resources: |
| Option 3) Record the Will and Open probate – Letters of Administration are provided. |
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If the decedent’s assets are over the limit to qualify for the Small Estate Affidavit, or if they are unknown, or if there are real estate or oil and gas interests just in the decedent’s name, full probate will be required. See WV Code Chapter 44. Letters of Administration give a broader authority than the Certificates of Authorization that are issued with a Small Estate Affidavit. For example, if a lawsuit is pending, or if access to medical records is needed, Letters of Administration, and therefore probate, would be required. There are three parts to probate, 1) opening the probate estate and getting Letters of Administration 2) completing the Appraisement form and advertising for creditors, and 3) filing the settlement and distributing to the beneficiaries. Probate takes a minimum of four months, but can take much longer due to many factors. Use this form titled: Opening Probate Forms and Instructions – Testate (Will) Examples of Completed Forms and Other Resources: |
Information on Filing a Small Estate Affidavit or Opening Probate
If the decedent DID NOT have a Last Will and Testament there are two options, all require either the original death certificate or a copy of the temporary death record from the funeral home:
ALL OPTIONS CAN BE DONE VIA CERTIFIED OR OVERNIGHT MAIL, OR IN PERSON AT AN APPOINTMENT WITH THE PROBATE DEPT. TO SCHEDULE AN APPOINTMENT CALL 304-291-7230 X 7270, EMAIL This email address is being protected from spambots. You need JavaScript enabled to view it. OR USE OUR ONLINE SCHEDULING LINK AT https://monongaliacountyclerkoffice.as.me/schedule.php?appointmentType=246126
**You are welcome to drop-off your forms in person, but you may not be able to meet with the probate department without an appointment**
| Option 1) File a Small Estate Affidavit – Certificate of Authorization for small assets is provided. |
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This option can be used to appoint an “Authorized Successor” if the assets of the decedent were under $50,000 for personal property (i.e., bank accounts, anything payable to the estate, automobiles, household goods). See WV Code 44-1A-1. **If there are real estate or oil and gas interests in the decedent’s name only, full probate is required. An heir-at-law can file 60 or more days after death if no other probate has been opened. The Small Estate Affidavit is a single form that is an appointment of an Authorized Successor, a list of all heirs-at-law, and a list of the small assets of the decedent. The Certificate of Authorization that is issued after filing provides access to the specific small assets that are listed. NO BOND IS REQUIRED. Use This Form Titled: Small Estate Affidavit Form and Instructions – Intestate (NO Will) Example of Completed SEA Form And Other Resources: |
| Option 2) Open probate – Letters of Administration are provided. |
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If the decedent’s assets are over the limit to qualify for the Small Estate Affidavit, or if they are unknown, or if there are real estate or oil and gas interests just in the decedent’s name, full probate will be required to change title on real property, to gain access to accounts just in the decedent’s name, deposit checks made payable to the estate of the decedent, change title on vehicles, etc. See WV Code Chapter 44. An estate bond in the amount of the assets just in the decedent’s name, excluding real estate, is required if there is more than one heir-at-law. Letters of Administration give a broader authority than the Certificates of Authorization that are issued with a Small Estate Affidavit. For example, if a lawsuit is pending, or if access to medical records is needed, Letters of Administration, and therefore probate, would be required. There are three parts to probate, 1) signing an Oath, listing the heirs, and opening the probate estate and getting Letters of Administration 2) completing the Appraisement form and advertising for and paying the outstanding creditors, and 3) filing the settlement and distributing any remainder to the heirs-at-law. Probate takes a minimum of four months, but can take much longer due to many factors. Use This Form Titled: Opening Probate Forms and Instructions – Intestate (NO Will) Examples Of Completed Form And Other Resources: |
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Additional and Miscellaneous Forms: |
Monongalia County Clerk
Probate Office
Appointments can be made Monday-Friday between the hours of 9:00am-3:30pm.
Appointments can take up to an hour. Click Here to schedule an appointment or call our office at: (304) 291-7230 x7270, or Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
NOTE for Fillable PDFs: Please save a copy to your device first before filling in text boxes. We suggest using Adobe Reader to view and complete fillable forms.
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Our Most Frequently Asked Questions:
1) My loved one passed away, what do I need to do?
It depends. If there is a Will, the original needs to be brought to the Courthouse for recording. If there is real property or assets that are just in the decedent’s name, someone will need to take an Oath and be named Executor, Administrator, or Authorized Successor of the decedent’s estate. See the information above.
2) What is Probate?
Probate is the term used for the entire administration of a decedent’s estate/assets.
3) My loved one was a resident of another WV County, can I do probate in Monongalia County?
No. Probate is done where the decedent was a resident. The death record must show that the decedent was a resident of Monongalia County.
4) My loved one passed away and I’m looking for the Will, is it at the Courthouse?
No. Wills are brought to the Courthouse to be recorded after someone dies, a death record is required to record the Will.
5) What happens after I file the Will or other paperwork at the Courthouse?
The probate department will look over the filings, record the documents, and mail you a receipt along with information about what happens next. We will contact you if anything else is needed.
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Ancillary Administration - Click Here *Decedent owned real estate or mineral rights in West Virginia but was a resident of another state. |
Additional Resources:
- Creditor Claim (With Instructions) (PDF)
- Claim Release Form (PDF)