This bill aims to amend the West Virginia Small Estate Act by establishing that an estate with any interest in real property cannot be processed as a small estate. Specifically, it introduces new language stating that the small estate of a decedent who dies domiciled in West Virginia may only be administered without the appointment of a personal representative if the decedent does not own any interest in real property. The bill also removes existing provisions that allow for the inclusion of real estate in the small estate process, thereby clarifying that only estates consisting solely of small assets, valued at $50,000 or less, are eligible for this simplified administration.

Additionally, the bill modifies the affidavit process required for administering a small estate. It eliminates the need for the affiant to declare whether the decedent owned any real estate, as this would disqualify the estate from being classified as a small estate. The changes streamline the process for estates that meet the new criteria while ensuring that those with real property are subject to the standard probate procedures. Overall, the bill reinforces the distinction between small estates and those that include real property, thereby simplifying the administration of smaller estates.

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