The bill amends the West Virginia Small Estate Act, specifically section 44-1A-2, to stipulate 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 only estates of decedents who die without owning any probate real property or interest in such property may be administered as small estates upon affidavit and without the appointment of a personal representative. The bill outlines the requirements for successors of decedents to execute and tender an affidavit for small estate administration, including details about the decedent, their assets, and the relationship of the affiant to the decedent.

Additionally, the bill clarifies the process for the county clerk or fiduciary supervisor to review and record the affidavit, as well as the responsibilities of the authorized successor in administering the small estate. It also establishes a timeline for objections to the affidavit and the potential for revocation of the small estate certificate if objections arise. The bill emphasizes that a bond, security, or oath is not required when a personal representative is not appointed for a small estate, streamlining the process for eligible estates.

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