(a) When a person dies intestate the jurisdiction to hear and determine the right of administration of his or her estate shall be in the county commission or clerk thereof during the recess of the regular sessions of the county commission which would have jurisdiction as to the probate of his or her will, if there were one. Administration shall be granted to the distributees who apply therefor, preferring first the husband or wife, and then such of the others entitled to distribution as the county commission or clerk shall see fit. If no distributee apply for administration within 30 days from the death of the intestate, the county commission or clerk may grant administration to one or more of the creditors of the decedent, or to any other person who shall be fit.

(b) Notwithstanding the provisions of subsection (a) of this section:

(1) Any person having an interest in real estate situate in this state that was seized and possessed by a decedent who was a nonresident of this state and who has died intestate without any will, including a personal representative who has qualified in another state or jurisdiction, for which no appointment of an ancillary personal representative or administrator to administer the real estate within this state is necessary for any proper purpose may execute and tender for recording in the county an affidavit setting forth in substance:

(A) A description of the real estate owned by the nonresident decedent at the time of his or her death situate within the county where the affidavit is to be recorded together with its assessed value for tax purposes and its fair market value at the date of death of the decedent;

(B) That the nonresident decedent died intestate without any will presented or probated in this state or in any other state or jurisdiction;

(C) That more than 60 days have passed since the death of the decedent and no personal representative or administrator of the decedent"s estate has been otherwise appointed in this state for any proper purpose; and

(D) The names and last known addresses of the decedent"s heirs at law determined under the laws of this state entitled to the real estate situate in this state.

(2) The clerk of the county commission shall record and index the affidavit in the same manner and upon the same fees as affidavits of heirs are recorded and indexed in case of intestate administration with appointment of a personal representative. The clerk of the county commission may require a certified copy of the decedent"s death certificate or other proof of death and residence prior to fulfilling the clerk"s responsibilities under this chapter.

(3) A bond, security, or oath is not required when no appointment of an ancillary personal representative or administrator is made under the provisions of this section.

(c) A document substantially in the following form may be used as the affidavit provided in subsection (b) of this section with the effect as prescribed in this section:

THE COUNTY COMMISSION OF __________ COUNTY, WEST VIRGINIA

IN RE: THE ESTATE OF ______________________

DOD: _____________________

AFFIDAVIT FOR ANCILLARY ADMINISTRATION

OF WEST VIRGINIA REAL ESTATE

WITHOUT APPOINTMENT

(INTESTATE)

STATE OF ________________,

COUNTY OF ______________, to-wit:

I, ______________________________, whose address is __________________

_________________________________________________________________, being first duly sworn, upon oath and under penalty of perjury, do depose and say as follows:

Description

County

Assessed Value

Fair Market value

a.

b.

c.

d.

Total

a. Name: ____________________________________________________

Address: __________________________________________________

Relationship to Decedent: ____________________________________

Share or percentage: __________

b. Name: ____________________________________________________

Address: __________________________________________________

Relationship to Decedent: ____________________________________

Share or percentage: __________

c. Name: ____________________________________________________

Address: __________________________________________________

Relationship to Decedent: ____________________________________

Share or percentage: __________

d. Name: ____________________________________________________

Address: __________________________________________________

Relationship to Decedent: ____________________________________

Share or percentage: __________

( ) surviving spouse, ( ) beneficiary under the decedent"s will, ( ) heir at law, or ( ) other ______________________________ (describe relationship or interest). [Check one]

______________________________

Signature of Affiant

Taken, subscribed, and sworn to before me the undersigned authority by _________________________________, this day of , 20___.

{seal}

My Commission expires: ______________________________

__________________________________________________

Notary Public