A West Virginia Affidavit for Ancillary Administration of Real Estate without Appointment is a legal document filed in the West Virginia Circuit Court when an estate administrator needs to handle real estate that is located in another state. This affidavit is used when the estate administrator is unable to be appointed in the other state due to time constraints or other circumstances. It allows the administrator to take possession of the real estate, manage it, and transfer it to the heirs or beneficiaries of the estate. The West Virginia Affidavit for Ancillary Administration of Real Estate without Appointment must be signed by the executor of the estate and by all the beneficiaries or heirs who are of legal age to sign and who are consenting to the transfer of the real estate. The affidavit must also include a description of the real estate, a statement of the value of the real estate, and a statement of the current debt obligations on the real estate. There are two types of West Virginia Affidavit for Ancillary Administration of Real Estate without Appointment: an Affidavit of Establishment of Ancillary Administration and an Affidavit of Appointment of Ancillary Administration. The Affidavit of Establishment is used when the estate administrator is not appointed in the other state, and the Affidavit of Appointment is used when the estate administrator is appointed in the other state.
West Virginia Affidavit for Ancillary Administration of Real Estate without Appointment
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How to fill out West Virginia Affidavit For Ancillary Administration Of Real Estate Without Appointment?
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FAQ
§44-1-4. Appointment of intestate administrator; affidavit of heirs of nonresident intestate decedent without appointment of intestate administrator.
An estate is considered a ?small estate? if the person who died left behind probate personal assets not exceeding $50,000, and/or probate real property interests not exceeding $100,000.
The small estate affidavit itself does not have to be filed with the court if the signatures have been notarized. If signatures have not been notarized, then the affidavit has to be filed with the court.
Appoint an Administrator/Executor If there is no will, then the person's heirs apply at the county commissioner's office to be appointed as administrator. The law gives the surviving spouse preference in this process, but any heir can apply. Whoever is appointed is sworn in before the county clerk.
You might be able to avoid probate in West Virginia by: Establishing and funding a Revocable Living Trust. Titling property smartly: in Joint Tenancy. Creating assets/accounts that are structured as Transfer on Death (TOD) or Payable on Death (POD)
Appoint an Administrator/Executor If there is no will, then the person's heirs apply at the county commissioner's office to be appointed as administrator. The law gives the surviving spouse preference in this process, but any heir can apply. Whoever is appointed is sworn in before the county clerk.
A West Virginia small estate affidavit, also known as a 'short form settlement', is a form that can be used to hasten the distribution of an estate worth $50,000 or less in the State of West Virginia.