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:

1. Example Small Estate Affidavit without a Will (PDF)
2. Small Estate Affidavit Overview of Process (what happens next) (PDF)

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:

1. Example Application of Fiduciaries (PDF)
2. Example Appraisement of the Estate 6.01 and 6.02 (PDF)
3. Estate Appraisement and NonProbate Inventory Form (PDF)
4. Full Probate Overview and Timeline (PDF)
5. Family Tree (PDF)
6. Intestate Succession Pamphlet (PDF)

Additional and Miscellaneous Forms:

1. Waiver of Administrator/Administratrix (PDF)
2. Local Bonding Agents for Estate Bonds (PDF)