Affidavit of Heirship


This process is to take the place of “Ancillary Probate” to transfer real estate in West Virginia of a non-resident decedent; this process cannot assist you in obtaining and controlling personal property (ie: bank accounts, cars, stocks and bonds, etc.).

There is no bond for this process. There is no one being appointed as a personal representative. We do not issue “Letters of Administration” to anyone under this process.

The rules are set forth in WV Code §41-5-13, and WV Code §44-1-4, and WV §44-1-14(b); these Code sections became effective on May 30, 2019. This process avoids the need to have a probate hearing and an attorney is not required to be involved.

The Clerk’s Office is not a law firm; we do not assist in the completion of the forms and we cannot offer advice.

There are three forms for you to choose from:

  • when a non-resident decedent died with a Will that was probated outside of the State of West Virginia
  • when a non-resident decedent died with a Will that was NOT probated anywhere
  • when a non-resident decedent died without a Will (intestacy)

In all cases, a certified Death Certificate (not a photocopy) must accompany the form. We require upon filing, $85.00 for publication, and then there are additional charges for recording of documents; you will be told the charge as the process progresses. Please make sure that you provide a telephone number for us to contact you of the additional fees.