This option can be used to appoint an “Authorized Successor” if the assets of the decedent were under $100,000 for real property** (homes, land, oil and gas rights) AND 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 the real estate is being sold within the first year after death, use the full probate option.

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. It changes title on the real property listed. 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 the real estate is being sold within one year of death, full probate will be required to change title on real property that was owned in the decedent’s name only, 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.

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 heirs-at-law.

Probate takes at the minimum 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)