West Virginia Small Estate Affidavit

The West Virginia Small Estate Affidavit is a legal document that goes by the official title of, “Short Form Settlement” report. It essentially paves the way for an estate that is classified in the law as being small (i.e., one valued at $100,000 or less) to be settled as quickly as possible by avoiding the involvement of the fiduciary commissioner. In order to use it, the elected personal representative to the estate must complete and file it no sooner than ninety (90) days after the Decedent’s death.

Laws & Required Conditions

Laws: § 44-3A-5

Maximum Estate Value: $100,000

Required Conditions: Provided that the below conditions are met, state law dictates that the “county commission shall not refer any estate to a fiduciary commissioner”.

  • The estate does not include real property. That is, unless a will the Decedent left behind necessitates its administration,
  • The value of the estate does not exceed the upper limit dictated by the state,
  • The personal representative or surviving spouse is the sole beneficiary of the estate, and
  • Any relevant debts and taxes have been duly paid.