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A West Virginia small estate affidavit is a form that can be used during the distribution of an estate worth $50,000 or less in the State of West Virginia. If the decedent left a will that named an executor, thirty (30) days must have passed since the date of death before this person can file an affidavit. If the decedent did not leave a will, sixty (60) days must have passed. (W. Va. Code, § 44-1A-2(b)(7)). A small estate will have a fair market value of not more than $50,000. (W. Va. Code, § 44-1A-2(b)(5)).