The bill amends the West Virginia Small Estate Act, specifically section 44-1A-2, to clarify the conditions under which an estate can be processed as a small estate. The key change is the stipulation that a decedent's estate can only qualify for small estate administration if the decedent did not own any interest in real property at the time of death. This is reflected in the new legal language that states a small estate can be administered without the appointment of a personal representative only if the decedent "without owning any interest in any real property" has a personal probate estate consisting solely of small assets valued at $50,000 or less.

Additionally, the bill removes references to real estate in the context of small estate qualifications, specifically deleting the requirement that the decedent's real estate must not exceed $100,000 in value. This change simplifies the affidavit process for successors of decedents by eliminating the need to report on real property ownership, thereby streamlining the administration of small estates in West Virginia. The bill also maintains the requirement for successors to provide an affidavit detailing the decedent's assets and relationships, ensuring that the process remains transparent and accountable.

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