The West Virginia Affidavit of Warship for Mineral Rights is a legal document used to establish the rightful heirs of a deceased individual's mineral rights in the state of West Virginia. This affidavit serves as proof of ownership and helps facilitate the transfer of these rights to the appropriate beneficiaries or heirs. By completing the West Virginia Affidavit of Warship for Mineral Rights, individuals can provide evidence of their relationship to the deceased property owner and claim their rightful share of the mineral rights. This is especially crucial when the deceased person did not leave a will or any other testamentary document clearly stating the distribution of their mineral rights. In West Virginia, there are two primary types of Affidavit of Warship for Mineral Rights: 1. West Virginia Affidavit of Warship for Mineral Rights with Probate: This type of affidavit is used when the deceased property owner's estate has gone through the probate process. Probate is the legal process by which a deceased person's assets and property are distributed according to their will or, in the absence of a will, the state's intestate succession laws. The affidavit must be filed with the court, along with supporting documentation such as death certificates, wills, and any other relevant legal documents. 2. West Virginia Affidavit of Warship for Mineral Rights without Probate: When the deceased property owner's estate did not go through probate or if the value of their estate falls below a certain threshold, this type of affidavit can be used. It allows the heirs to establish their rightful claim to the mineral rights without going through the lengthy and formal probate process. However, additional documentation, such as an affidavit of facts and supporting evidence of the warship, may be required to confirm the legitimacy of the claim. To initiate the process of completing a West Virginia Affidavit of Warship for Mineral Rights, it is recommended to consult with an attorney experienced in mineral rights and estate matters. They can provide guidance on the specific requirements and assist with gathering the necessary supporting documentation, ensuring the smooth transfer of mineral rights to the rightful heirs.