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):
  1. Intestate – without a Will probated in another state
  2. Testate – with the original Will that was not probated in another state
  3. 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. ***