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W. Va. Code § 44-1A-1 · checked 2026-10-20
West Virginia small estate affidavit limit
In West Virginia the small estate affidavit is available when the fair market value of probate personal property (real estate is tested separately) is $50,000 or less; the statute sets no waiting period. It works through an affidavit or sworn statement filed with the court or its clerk.
- 1Dollar limit $50,000
- 2Waiting period None stated
- 3Filed with Court
- 4Statute W. Va. Code § 44-1A-1
What W. Va. Code § 44-1A-1 says
The operative words of the statute, as read on 2026-10-20:
“does not exceed $50,000”
That test is applied to the fair market value of probate personal property (real estate is tested separately). In-state real estate, other than real estate held in a nonprobate form, must not exceed $100,000, valued at a presumed 167 percent of its assessed value. The successor is certified by the clerk of the county commission or the fiduciary supervisor.
Source: W. Va. Code § 44-1A-1. Last checked 2026-10-20.
Worked examples against the $50,000 limit
| Estate value | Result under W. Va. Code § 44-1A-1 |
|---|---|
| $30,000 | Within the limit |
| $50,000 | Within the limit |
| $51,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — fair market value of probate personal property (real estate is tested separately) — not everything the person owned. West Virginia's figure is $12,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 25th from the top, level with Alaska, Delaware, Iowa, Maryland.
When the route opens
W. Va. Code § 44-1A-1 does not write a waiting period into the procedure, so timing depends on the court's own processing after the papers are filed. 31 of the 51 jurisdictions here do set one, most often around 30 days.
Filing and fees
The sworn statement goes to the court or its clerk, which keeps it on file. The court fee schedule for West Virginia could not be read when this page was checked, so no fee is shown.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small estate affidavit and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby South Atlantic jurisdictions
Delaware: $50,000 after 30 days; District of Columbia: $80,000; Florida: $150,000; Georgia: no dollar cap; Maryland: $50,000; North Carolina: $20,000 after 30 days; South Carolina: $45,000 after 30 days; Virginia: $75,000 after 60 days.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the West Virginia probate court or its self-help center before filing.