When Joe’s sister Carrie passed away, it fell to him to take care of her estate. Thankfully, her estate qualified as a small estate under West Virginia Code § 44-1A-1 et seq., which made things less complicated.
Small estates in West Virginia are those where the personal property is valued at $50,000 or less, and real estate is worth no more than $100,000. These estates follow a simpler and quicker probate process, with lower fees and no need to file a final closing report.
Joe began by reviewing what parts of Carrie’s property counted toward probate and which didn’t. It’s important to understand that probate property is governed by the will, while nonprobate property passes directly to named beneficiaries and is not counted in the probate totals.
Carrie had taken smart steps while alive to simplify her estate. For example, her savings account had over $3,000, but she had named her daughter as a “payable on death” (POD) beneficiary. That made it a nonprobate asset and excluded it from the estate’s probate value.
However, her checking account had about $4,000, and Joe also found $350 in cash in her apartment. These, along with $385 in unclaimed property Joe discovered through the West Virginia State Treasurer’s website, counted toward the probate personal property. The unclaimed funds were easy to search and claim online, and because Joe was acting as her administrator, he was able to include those funds in the estate.
Carrie also had furniture, jewelry, and clothing that Joe estimated to be worth $7,500. In total, her probate personal property added up to $12,235—well under the $50,000 limit for a small estate in West Virginia.
Carrie did not own a car or real estate. Had she owned real property solely in her name, its value would have been calculated at 167% of the current assessed value, based on the county’s tax records. Fortunately, that wasn’t necessary.
Joe also reviewed Carrie’s retirement account, which was valued at $35,000. Since both he and Carrie’s daughter were listed as beneficiaries, it was nonprobate property and not counted toward the estate total.
Because Carrie left a will, Joe was able to check it to see who would inherit what. One item in the will included a $2,000 gift to her church. Without a will, the estate would have been divided according to West Virginia’s intestate laws found in WV Code § 42-1-3 and § 42-1-3A—and even intestate estates can qualify as small estates if they meet the size limits.
Before Joe could officially begin the probate process, he called the county clerk’s office. That’s when he learned that under small estate rules, he had to wait at least 30 days after Carrie’s death before taking formal steps. This waiting period does not apply to larger estates.
During the wait, Joe used the time to complete the Affidavit for Small Estate form, which listed all of Carrie’s probate assets and the people named in her will to receive them. Once the 30 days had passed, he was ready for the appointment at the clerk’s office to begin the process.
Handling a small estate in West Virginia can seem overwhelming at first, but the state’s laws are designed to make the process manageable for families like Joe’s. With some preparation, organization, and an understanding of what counts toward the probate estate, managing a loved one’s final affairs can be a smooth and respectful process.
