About Affidavit for Small Estate (Testate/Intestate)
Allows a successor to manage a small estate (assets under $50,000) without formal probate administration by filing an affidavit in West Virginia.
When you'd use it: When a decedent's personal probate estate does not exceed $50,000 and either 30 days (if nominated) or 60 days (if not nominated) have elapsed since death, with no pending probate application.
Where to get the official form
The official version of Affidavit for Small Estate (Testate/Intestate) 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 (Testate/Intestate) (PDF) →
Source: ritchiecountyclerk.com
Link last checked: May 31, 2026
How to file Affidavit for Small Estate (Testate/Intestate) in West Virginia
- Step 1 — Confirm you have the correct formUse Affidavit for Small Estate (Testate/Intestate) when a decedent's personal probate estate does not exceed $50,000 and either 30 days (if nominated) or 60 days (if not nominated) have elapsed since death, with no pending probate application. 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 (Testate/Intestate) 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 (Testate/Intestate) 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).