In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In West Virginia, the law provides a simplified process for administering small estates through the use of a small estate affidavit or a summary administration procedure. If the value of the estate, excluding real estate, is $50,000 or less for a decedent who has left a will (testate) or $100,000 or less for a decedent who has not left a will (intestate), and after the payment of funeral and burial expenses, the estate may qualify for the small estate administration process. The appropriate form, known as an 'Affidavit for Collection of Personal Property of the Decedent,' can be filed by the successor with the county clerk's office. This affidavit allows the transfer of the decedent's personal property without formal administration. For real property, a simplified process called 'Settlement without Administration' may be available if the estate meets certain requirements, such as the value of the estate not exceeding the statutory limits after debts are paid. It is important to consult with an attorney to ensure compliance with all legal requirements and to determine the most appropriate process for a given small estate in West Virginia.