SB 80 — Allowing for administration of certain small estates by affidavit and without appointment of personal representative

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Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 80 By Senators Trump and Swope [Originating[Passed inApril the2, Committee2021; on the Judiciary;

reportedin oneffect February90 23,days 2021]from passage]           AAN BILLACT to amend and reenact §44-1-28 of the Code of West Virginia, 1931, as amended;

(a) When the State of West Virginia, any of its political subdivisions, the United States, or any employer owes wages, salary, pension payments, or money allowed for burial expenses to a decedent who died domiciled in this state, upon whose estate there has been no qualification, and the amount owed does not exceed $5,000, the State of West Virginia, any of its political subdivisions, the United States, or the decedent's employer, after one hundred and twenty 120 days from the death of the decedent, may pay the amount owed to the decedent’s surviving spouse, if any;

(b) When the state Treasurer holds property in accordance with article eight, chapter thirty-six §36-8-1 et seq.

When the state Treasurer holds property in accordance with article eight, chapter thirty-six §36-8-1 et seq.

(c) PaymentWhen inany accordanceperson withholds thisan sectionasset isor property on behalf of or owed to a decedent who died domiciled in fullthis dischargestate, upon whose estate there has been no qualification, and acquittancethe value of that asset or property of the decedent does not exceed $5,000, including a bank account, a savings institution account, a credit union account, a certificate of deposit, a brokerage account, stock, a mutual fund, a security, a bond, a note, a promissory note, an obligation, an instrument evidencing a debt, indebtedness owed to allthe personsdecedent, whomsoeverproceeds onof accountlife insurance payable to the estate, a deposit, a refund, a tax refund, an overpayment, a chose in action, or an item of tangible personal property including a motor vehicle, after 120 days from the property.death of the decedent, that person may pay the amount owed to or transfer the asset or property to the decedent’s surviving spouse, if any;

When any person holds an asset or property on behalf of or owed to a decedent who died domiciled in this state, upon whose estate there has been no qualification, and the value of that asset or property of the decedent does not exceed $5,000, including a bank account, a savings institution account, a credit union account, a certificate of deposit, a brokerage account, stock, a mutual fund, a security, a bond, a note, a promissory note, an obligation, an instrument evidencing a debt, indebtedness owed to the decedent, proceeds of life insurance payable to the estate, a deposit, a refund, a tax refund, an overpayment, a chose in action, or an item of tangible personal property including a motor vehicle, after 120 days from the death of the decedent, that person may pay the amount owed to or transfer the asset or property to the decedent’s surviving spouse, if any;

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      Description Fair Market value a..

    b..

    c..

    d..

    e..

    f..

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

      Description   County Assessed Value Fair Market value A         B         C         D         E           Total         (If more space is needed, attach additional page(s) to affidavit) 7.

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