In West Virginia, estates with personal property of $50,000W.Va. Code § 44-1A-2Verified Sep 9, 2026View source or less use the Small Estate AffidavitW.Va. Code § 44-1A-2Verified Sep 9, 2026View source, 60 daysW.Va. Code § 44-1A-2Verified Sep 9, 2026View source after death, a court filing short of full probate. Real property cannot pass through the affidavitW.Va. Code § 44-1A-2Verified Sep 9, 2026View source; an estate that includes real estate uses a separate process. An estate over the limit does not qualify, and no affidavit is prepared for it.
The creditor claim period of 2 monthsW. Va. Code §§ 44-1-14A, 44-2-21Verified Sep 15, 2026View source protects the personal representative who distributes after it; it is not a bar, and late claims can still reach undistributed assets.
Within 90 daysW. Va. Code § 44-1-14Verified Sep 15, 2026View source of the personal representative's appointment.
The personal representative closes a typical estate by filing a sworn short form settlement (W. Va. Code § 44-3A-4a) — or its twin, a waiver of final settlement (§ 44-2-29) — an affidavit that the claim period has expired, no known and unpaid claims exist, and each distributee's and beneficiary's share has been (or on approval will be) delivered, accompanied by a waiver signed by each distributee and beneficiary; the fiduciary supervisor records it and mails copies, and if no objection or referral request is made the county commission confirms by order and discharges the PR and suretyW. Va. Code §§ 44-2-1, 44-2-29, 44-3A-4, 44-3A-4a, 44-3A-5Verified Sep 15, 2026View source.
West Virginia publishes no statewide form, and some county courts publish their ownKanawha County Commission, Office of the Fiduciary Supervisor, Declination as Executor/ExecutrixVerified Sep 23, 2026View source. A signed writing stating the same facts is what the rule requires.