WV estate risk
Probate risk in West Virginia
Court-supervised estate process, timing, cost exposure, and public record requirements.
West Virginia allows administration of a small estate by affidavit without appointing a personal representative, subject to asset caps and waiting periods.
At a glance
Key takeaways
- Small assets are limited to probate personal property totaling $50,000 or less.
- A small estate can include probate real property up to $100,000 in value, but the affidavit procedure applies only when no probate real property is involved.
- If the affiant is a nominated personal representative, at least 30 days must pass after death; otherwise 60 days must pass.
- The affidavit is filed with the county clerk or fiduciary supervisor for recording and issuance of a small-estate certificate.
Questions to consider
Questions to consider in West Virginia
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
West Virginia allows administration of a small estate by affidavit without appointing a personal representative, subject to asset caps and waiting periods.
- Small assets are limited to probate personal property totaling $50,000 or less.
- A small estate can include probate real property up to $100,000 in value, but the affidavit procedure applies only when no probate real property is involved.
- If the affiant is a nominated personal representative, at least 30 days must pass after death; otherwise 60 days must pass.
- The affidavit is filed with the county clerk or fiduciary supervisor for recording and issuance of a small-estate certificate.
- The affidavit is filed with the county clerk, who issues a small-estate certificate.
Sources
Background sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in West Virginia.
Optional next steps
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