Intestate Form / West Virginia's New Small Estate Procedure

This page is for educational purposes only and is not legal advice. Forms and requirements change frequently — verify the current version with your local probate court or an attorney.

Last updated: July 29, 2026

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About Intestate Form / West Virginia's New Small Estate Procedure

This document provides instructions and guidance on West Virginia's new small estate affidavit procedure under House Bill 2867.

When you'd use it: This is an informational/instructional document, not a fillable form itself; it explains when and how to use the small estate affidavit process for decedents with probate personal assets not exceeding $50,000.

Where to get the official form

The official version of Intestate Form / West Virginia's New Small Estate Procedure 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:

Verified official PDF

Download Intestate Form / West Virginia's New Small Estate Procedure (PDF) →

Source: marshallcountywv.gov

Link last checked: May 31, 2026

How to file Intestate Form / West Virginia's New Small Estate Procedure in West Virginia

  1. Step 1 — Confirm you have the correct formUse Intestate Form / West Virginia's New Small Estate Procedure when this is an informational/instructional document, not a fillable form itself; it explains when and how to use the small estate affidavit process for decedents with probate personal assets not exceeding $50,000. 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.
  2. Step 2 — Complete every required fieldFill out Intestate Form / West Virginia's New Small Estate Procedure 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.
  3. 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.
  4. Step 4 — File it with the correct courtSubmit Intestate Form / West Virginia's New Small Estate Procedure 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).

Working through the Intestate Form / West Virginia's New Small Estate Procedure? SwiftProbate builds a personalized, step-by-step checklist for settling the estate — so you know which forms to file, in what order, and by when.

Get help with this form

Probate in West Virginia

See the full West Virginia probate guide for filing deadlines, small-estate options, timelines, costs, and county courthouse details.

Read the West Virginia probate guide →

Frequently Asked Questions

What is Intestate Form / West Virginia's New Small Estate Procedure?
This document provides instructions and guidance on West Virginia's new small estate affidavit procedure under House Bill 2867. You'd typically use it when this is an informational/instructional document, not a fillable form itself; it explains when and how to use the small estate affidavit process for decedents with probate personal assets not exceeding $50,000.
Where do I file Intestate Form / West Virginia's New Small Estate Procedure in West Virginia?
Probate forms are filed with the probate court or county clerk in the West Virginia county where the deceased person lived. Our West Virginia probate guide can help you find the right courthouse, filing fees, and local requirements.
Do I need a lawyer to complete Intestate Form / West Virginia's New Small Estate Procedure?
Many people complete probate forms themselves, especially for smaller or uncontested estates. Complex estates may benefit from professional advice. SwiftProbate is an informational tool that helps you understand and organize the process — it is not a law firm and does not provide legal advice.
Is Intestate Form / West Virginia's New Small Estate Procedure available online?
Most West Virginia probate forms are published as PDFs by the state courts or the county clerk. You can find the official source linked above.

Other West Virginia Probate Forms

Affidavit of Ownership / Affidavit of Ownership & HeirshipWest Virginia Estate Appraisement & Nonprobate Inventory – Forms and InstructionsCreditor ClaimRemote Probate Forms Packet

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Disclaimer: This page is for informational purposes only and does not constitute legal advice. Probate forms and requirements vary by state, county, and individual circumstances, and change over time. Always verify the current form and instructions with your local probate court, and consult a qualified attorney for advice specific to your situation. SwiftProbate is not a law firm and does not provide legal representation.