The bill amends the West Virginia Small Estate Act, specifically section 44-1A-2, to establish that an estate with probate real property or an interest in probate real property cannot be processed as a small estate. This change means that if a decedent owned or had an interest in any probate real property, their estate will not qualify for the simplified administration process that allows for the distribution of small assets without the appointment of a personal representative. The current law allows for small estates to be administered upon affidavit without such an appointment, but this will no longer apply if the decedent had any probate real property.

The bill retains the existing provisions for administering small estates, which include requirements for the affidavit that must be submitted by the successor of the decedent. These requirements include details about the decedent, their assets, and the relationship of the affiant to the decedent. However, the key change is the explicit exclusion of estates with probate real property from being eligible for small estate processing, thereby necessitating a more formal probate process for such estates.

Statutes affected:
Introduced Version: 44-1A-2
Engrossed Version: 44-1A-2
Enrolled Version: 44-1A-2