SmallEstateMap.us
HomeBy stateWest Virginia
WV · County Commission — Fiduciary Supervisor

West Virginia

Small-estate-affidavit threshold and procedure under § W. Va. Code § 44-1A-1.

Verified 2026-05-04
Personal property
$50,000
statutory cap
30-day wait

Personal property cap.

Real property
$100,000
separate cap
30-day wait

Real property cap (separate, design realProp:false was wrong).

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under West Virginia's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: Personal property cap.

Personal property
Waiting period
State requires 30 days to elapse from date of death (personal-property path) before filing.
Real property
Waiting period
State requires 30 days to elapse from date of death (real-property path) before filing.
Real property
Eligible under a separate cap

WV covers real property under a separate $100K cap; design data was wrong on both threshold and realProp flag.

03

Where to file

File with the County Commission — Fiduciary Supervisor in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The West Virginia judicial system operates an authoritative court locator.

Find your county’s County Commission — Fiduciary Supervisor via the West Virginia judicial council website. Search for “West Virginia County Commission — Fiduciary Supervisor county locator” or visit the state government court directory.

04

Form & statute

Form
  • Affidavit of Heir
Statute
§ W. Va. Code § 44-1A-1
https://code.wvlegislature.gov/44-1A-1/
small-estate procedure (dual structure)