About Testate Form / West Virginia's New Small Estate Procedure
This document provides instructions and guidance on West Virginia's new small estate procedure under House Bill 2867 for administering estates with probate assets not exceeding $50,000.
When you'd use it: This is instructional material, not a fillable form; it explains the small estate affidavit process and eligibility requirements under WV Code §44-1A-2.
Where to get the official form
The official version of Testate 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:
Download Testate Form / West Virginia's New Small Estate Procedure (PDF) →
Source: marshallcountywv.gov
Link last checked: May 31, 2026
How to file Testate Form / West Virginia's New Small Estate Procedure in West Virginia
- Step 1 — Confirm you have the correct formUse Testate Form / West Virginia's New Small Estate Procedure when this is instructional material, not a fillable form; it explains the small estate affidavit process and eligibility requirements under WV Code §44-1A-2. 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 Testate 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.
- 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 Testate 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).