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. It stipulates that an estate with probate real property or an interest in probate real property cannot be administered as a small estate. The bill allows for the administration of a small estate upon affidavit and without the appointment of a personal representative, provided that the decedent did not own any probate real property or interest in such property, and that the total value of the decedent's small assets does not exceed $50,000.

Additionally, the bill outlines the requirements for the affidavit that must be submitted by the successor of the decedent, including details about the decedent, their assets, and the relationship of the affiant to the decedent. It also specifies the process for the county clerk or fiduciary supervisor to review and record the affidavit, as well as the rights and responsibilities of the authorized successor in managing the small estate. The bill emphasizes that no bond, security, or oath is required when a personal representative is not appointed, streamlining the process for small estate administration.

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