About Affidavit for Small Estate
Allows a successor of a decedent to obtain estate property without full probate proceedings when the estate qualifies as a small estate under West Virginia law.
When you'd use it: File this affidavit in the County Commission when a decedent's estate is small enough to qualify for simplified small-estate procedures and the successor seeks to collect or transfer estate assets.
Where to get the official form
The official version of Affidavit for Small Estate is published as a PDF by the West Virginia courts. We checked this link and it resolved to a form on an official court or government website — always download the current version directly from the source rather than a third-party copy:
Download Affidavit for Small Estate (PDF) →
Source: barbourcountywv.gov
Link last checked: May 31, 2026
How to file Affidavit for Small Estate in West Virginia
- Step 1 — Confirm you have the correct formUse Affidavit for Small Estate when file this affidavit in the County Commission when a decedent's estate is small enough to qualify for simplified small-estate procedures and the successor seeks to collect or transfer estate assets. Double-check it's the right form for your situation — West Virginia probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
- Step 2 — Complete every required fieldFill out Affidavit for Small Estate carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
- Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
- Step 4 — File it with the correct courtSubmit Affidavit for Small Estate to the probate court or county clerk handling the estate — usually in the West Virginia county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).