HB 2867 — Relating to Small Estates

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED House Bill 2867 ByBYD DelegatesELEGATESROOP, Roop,DRENNAN, Drennan,MARPL, Marple,FOGGIN, Foggin,PRITT, Pritt,OOPER, Cooper,ROOKS Brooks,, Rohrbach,OHRBACH Kump,, Canterbury,UMP, andCANTERBURY,AND MaynorMAYNOR [Introduced[Passed FebruaryApril 24,10, 2025;

Referredin toeffect the90 Committeedays onfrom thepassage Judiciary](July Eng9,2025)] Enr HB 2867 AAN BILLACT to amend and reenact §44-1A-2 of the Code of West Virginia, 1931, as amended, relating to precluding an estate with probate real property or with an interest in probate real property from being processed as a small estate.

(a) Notwithstanding any provisions of this code to the contrary, the small estate of a decedent who dies domiciled in this state, without owning any probate real property or without owning any interest in anyprobate real property, may be administered upon affidavit and without the appointment of a personal representative, and the small assets of the decedent may be paid or delivered to the authorized successor as provided in this article.

(b) Any successor of a decedent who dies domiciled in this state, without owning any probate real property or without owning any interest in anyprobate real property, may execute and tender for recording to the clerk of the county commission, or the fiduciary supervisor of the clerk of the county commission, of the county in this state which would have jurisdiction over the probate concerning the estate and assets of the decedent an affidavit made upon oath and under penalty of perjury concerning the small estate setting forth in substance:

(4) A listing of the names, current addresses, and relationship to the decedent of any person nominated as a personal representative under the known will, together with a listing of the Enr HB 2867 names, current addresses, and relationship to the decedent of the beneficiaries under the known Eng HB 2867 will entitled to the estate or assets of the decedent.

(6) WhetherThat if the decedentsuccessor diedis seizednominated andas possesseda ofpersonal anyrepresentative probate real estate or interestsexecutor inunder probatethe realprovisions propertyof situate in this state and if so, that the aggregatewill fair market value of all of the realdecedent, estateat orleast interests30 indays realhave propertyelapsed situatesince inthe thisdecedent’s statedate doesof notdeath exceedand $100,000,no togetherapplication withfor athe descriptionappointment of thea realpersonal estate,representative for the countydecedent in which it is situate,pending itsor assessedhas valuebeen forgranted taxin purposes,any andjurisdiction. its fair market value at the decedent’s date of death;

(7) (6) That if the successor is nominated as a personal representative or executor under the provisions of the will of the decedent, at least 30 days have elapsed since the decedent’s date of death and no application for the appointment of a personal representative for the decedent is pending or has been granted in any jurisdiction.

and (8) (7) That the affiant will faithfully administer the small assets of the decedent in accordance with the law and pay or deliver the small assets to the successor or successors so entitled, after paying any known or ascertainable creditors of the decedent.

Eng HB 2867 (c) The clerk of the county commission, or the fiduciary supervisor of the clerk of the county commission, shall upon receipt of the affidavit review and inspect the affidavit, and if the county clerk or fiduciary supervisor determines the affidavit to be in completed form, the county clerk or fiduciary supervisor shall record and index the affidavit, together with the original of any will tendered with the affidavit, in the same manner and upon the same fees as wills and affidavits of Enr HB 2867 beneficiaries or heirs are recorded and indexed in case of probate administration with appointment of a personal representative.

Eng HB 2867 2.

Enr HB 2867 A certified death certificate has been furnished herewith for filing in this County.

TESTACY ( ) [Check if applies] o)) [Check if Not Applicable] At the date of death, the Decedent died with an original Last Will and Testament of the Decedent dated _____________________, without any codicil thereto)theret) or with codicil(s) thereto dated ____________________ ( ) [Check if applies].

_______________________________________________ _______________________________________________________ Eng HB 2867 Relationship to Decedent:

________________________________________________ _______________________________________________________ Enr HB 2867 Relationship to Decedent:

INTESTACY ( ) [Check if applies]applies]) o) [Check if Not Applicable] Eng HB 2867 At the date of death, the Decedent died intestate with no known will.

______________________________________ Enr HB 2867 b.

The Decedent's entire personal probate estate, as of the date of the Decedent's death, wherever located, consists only of small assets and the aggregate fair market value of the small Eng HB 2867 assets does not exceed $50,000.

Fair Description Market value .a.

Totalb. (If more space is needed, attach additional page(s) to affidavit) 6.

Thec. Decedent did ( ) / did not ( ) [Check one which applies] die seized and possessed of any probate real estate or interests in probate real estate in the state of West Virginia.

Ifd. the Decedent died seized and possessed of any probate real estate or interest in real estate in the state of West Virginia, the aggregate fair market value of all of the real estate or interests in real property situate in this state does not exceed $100,000 and the real estate of the Decedent in West Virginia is as follows:

Asse. Fai Description Cou essed r Market nty Value value Total (If more space is needed, attach additional page(s) to affidavit) 7.

(f. ) [Check if applies] ) [Check if Not Applicable] If the affiant is a Successor who was nominated as a personal representative or executor under the provisions of the above Will of Eng HB 2867 the Decedent, at least 30 days have elapsed since the Decedent's date of death and no application for the appointment of a personal representative for the Decedent is pending or has been granted in any jurisdiction;

orEnr (HB )2867 [CheckTotal if(If applies]more orspace ( ) [Check if Not Applicable] If the affiant is aneeded, Successorattach whoadditional waspage(s) NOTto nominatedaffidavit) as6. a personal representative or executor under the provisions of the above Will of the Decedent or if the Decedent died intestate without a will, at least 60 days have elapsed since the Decedent’s date of death and no application for the appointment of a personal representative for the Decedent is pending or has been granted in any jurisdiction, and no affidavit of Small Estate has been filed by a Successor nominated as a personal representative or executor under the provisions of the Will of the Decedent.

The Decedent did not ( ) die seized and possessed of any probate real estate or interests in probate real estate in the state of West Virginia.

7.

( ) [Check if applies] ) [Check if Not Applicable] If the affiant is a Successor who was nominated as a personal representative or executor under the provisions of the above Will of the Decedent, at least 30 days have elapsed since the Decedent's date of death and no application for the appointment of a personal representative for the Decedent is pending or has been granted in any jurisdiction;

or ( ) [Check if applies] o) [Check if Not Applicable] If the affiant is a Successor who was NOT nominated as a personal representative or executor under the provisions of the above Will of the Decedent or if the Decedent died intestate without a will, at least 60 days have elapsed since the Decedent’s date of death and no application for the appointment of a personal Enr HB 2867 representative for the Decedent is pending or has been granted in any jurisdiction, and no affidavit of Small Estate has beenfiled by a Successor nominated as a personal representative or executor under the provisions of the Will of the Decedent.

______________________________ Signature of Affiant/Successor Taken, subscribed, and sworn to before me the undersigned authoritybyauthority by _________________________________, this ____ day of __________, 20___.

______________________________ __________________________________________________ Notary Public (f) Upon acceptance and recording of the affidavit provided in this section, the county clerk or fiduciary supervisor shall mail a copy of the affidavit to the personal representative, if any is nominated in an attached will, and the beneficiaries under the will when the decedent dies with a will or the heirs-at-law when the decedent dies without a will, all of whom are listed on the affidavit, Eng HB 2867 and shall issue a certificate and authorization of a small estate to the authorized successor who completed the affidavit, authorizing the successor to be paid, transferred, and delivered the small assets ofofthe the decedent with authority to pay, transfer, and deliver the small assets totothe the successor or successors of the decedent entitled pursuant to the provisions of this article and the other laws of the Statestate of West Virginia and with authority to faithfully perform the duties of the office necessary to collect and administer the small assets of the decedent including, but not limited to, making application for and executing receipts, assignments, transfers, releases, waivers, applications, claims, claims for refunds, and federal, state, or local tax returns of the decedent Enr HB 2867 concerning the small assets, pursuing litigation for or against the decedent or the decedent's estate, and paying or settling the funeral expenses or the claims of creditors of the decedent.

Eng HB 2867 (i) If at any time after the original issuance of the certificate and authorization by the county clerk or fiduciary supervisor, the authorized successor or an interested person determines that the probate estate of the decedent does not qualify as a small estate because the aggregate values of all of the small assets or the real estate of the decedent exceed the values provided in this article, upon application by an interested person the county clerk or fiduciary supervisor shall rescind the certificate and authorization of the small estate and shall mail a written order of rescission to the authorized successor and other interested persons, and a probate under the other provisions of this article shall be commenced by an interested person.

10Enr HB 2867 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the House of Delegates ...............................................................

Clerk of the Senate Originated in the House of Delegates.

In effect 90 days from passage.

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Speaker of the House of Delegates ...............................................................

President of the Senate __________ The within is ................................................

this the...........................................