Upshur County Clerk of the County Commission Guide

Under the West Virginia Small Estate Act (W. Va. Code 44-1A), a successor may administer a small estate by affidavit WITHOUT appointment of a personal representative when the aggregate fair market value of probate personal property (small assets) is $50,000 or less, provided the decedent owned no probate real property (a small asset does not include real estate). A successor nominated as personal representative may proceed 30 days after death; another successor may proceed 60 days after death if no application for appointment is pending or granted. No bond is required, and the authorized successor may act for six months. Verify eligibility for the specific assets and institutions involved.

Qualifies:

$50,000

A full administration (with an appointed personal representative) settles WITHOUT reference to a fiduciary commissioner when the appraisement shows a value of $200,000 or less, exclusive of real estate specifically devised and nonprobate assets, or when there is a single competent beneficiary. Settlement proceeds unless, within 60 days of first publication of the notice of administration, a party in interest requests reference or an unpaid creditor files a claim. This $200,000 figure is the fiduciary-commissioner-reference threshold, NOT the $50,000/$100,000 small-estate-by-affidavit threshold.

Qualifies:

$200,000

The executor (with a will) or administrator (without a will) qualifies before the clerk of the county commission, receives letters testamentary or of administration, and returns an appraisement of the estate within 90 days of qualification (W. Va. Code 44-1-14). The estate is settled through the fiduciary supervisor by a short form or final settlement, or by a fiduciary commissioner if it is referred. An estate appraised at $200,000 or less (exclusive of real estate specifically devised and nonprobate assets), or with a single competent beneficiary, settles without reference to a fiduciary commissioner (W. Va. Code 44-1-14a; 44-2-1). Real estate generally vests in the heirs or devisees at death and is administered only if needed to pay debts. Verify bond, surety, original-will, and notice requirements with the clerk.

Qualifies:

Larger estates, or when no simplified option fits

Filing fee:

$10

source

Attorney:

not required by law, though many families use one

The executor (with a will) or administrator (without a will) qualifies before the clerk of the county commission, files an appraisement of the estate within 90 days, and settles the estate through the fiduciary supervisor or, if referred, a fiduciary commissioner. Real estate generally vests in the heirs or devisees at death and is administered only if needed to pay debts.

Attorney:

not required by law, though many families use one

Under the West Virginia Small Estate Act (W. Va. Code 44-1A-2), a successor of a decedent who died domiciled in West Virginia may collect a small estate by affidavit WITHOUT appointment of a personal representative when the decedent owned no probate real property and the aggregate fair market value of probate personal property (small assets) is $50,000 or less. A successor nominated as personal representative or executor in the will may proceed 30 days after death; another successor may proceed 60 days after death if no application for appointment is pending or granted and no small-estate affidavit has been filed by a nominated successor. No bond is required. The authorized successor may act for six months. A 'small estate' that also includes West Virginia real estate of $100,000 or less (a separate definition in 44-1A-1) uses the distinct recorded-affidavit real-estate mechanism in 44-1A-4, not this collection-by-affidavit path.

Qualifies:

$50,000

A full administration (with an appointed personal representative) settles WITHOUT reference to a fiduciary commissioner when the appraisement shows a value of $200,000 or less, exclusive of real estate specifically devised and nonprobate assets, or when there is a single competent beneficiary. Settlement then proceeds unless, within 60 days of the first publication of the notice, a party in interest requests reference or an unpaid creditor files a claim. This $200,000 figure is the fiduciary-commissioner-reference threshold, NOT the $50,000/$100,000 small-estate-by-affidavit threshold.

Qualifies:

$200,000