Probate
There are many different ways to probate an Estate:
Testate – with an original Will
Intestate – without a Will
Ancillary – decedent was not a resident of West Virginia but owned real estate in Raleigh County
Small Estate Affidavit – A process that can allow you to skip or shorten certain aspects of probate (i.e., distribute property without a lengthy court process). The Estate must have assets valued below a certain amount to be eligible for this process. If there is a possibility that the real estate could be sold within 2 years, it is advisable to contact an attorney to determine whether or not you should proceed with a small estate. Also noted: some banks/financial institutions will not accept a Small Estate Affidavit; they are requiring a full probate. Please contact the Assessor’s office (304-255-9120) to confirm all real estate owned and value prior to completing the required questionnaire below.
Before an Estate is started a death certificate or letter from a funeral home must be provided. Letter from the funeral home must be on their letterhead and include the following:
Decedent’s Date of Death
Decedent’s County of Residence
Decedent’s Social Security Number