West Virginia Affidavit of Heirship

County Specific Legal Forms Validated as recently as May 7, 2026 by our Forms Development Team

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About the West Virginia Affidavit of Heirship

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How to Use This Form

Select your county from the list on the left
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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An affidavit of heirship establishes the lawful heirs of a decedent's estate when he or she dies intestate (without a will).

When recorded in the land records where the real property described within is located, the affidavit provides a record of the change in ownership and succession in interest of the within-described assets to the decedent's heir(s). The affidavit is not to be used when a will is probated or a proceeding for the administration of the decedent's estate has been opened.

While anyone can file an affidavit of heirship, the affiant, the person making the sworn statements contained in the affidavit, must have knowledge of the decedent's marital history and family tree in order to complete the affidavit accurately.

The instrument establishes the decedent's martial status at the time of death and whether the decedent left descendants (children, whether natural or adopted, and the children of any deceased child).

In West Virginia, interest in real property from a decedent's estate that does not transfer outside of probate (i.e., property not held with a survivorship designation) transfers by the laws of descent codified at W. Va. Code 42-1).

In general, the surviving spouse inherits a decedent's property. If the decedent has no surviving spouse, his descendants (children) inherit the property. A grandchild inherits the share of a deceased parent, if applicable. If the decedent has neither a surviving spouse nor descendants, his or her parents inherit the property. In the event there are no surviving parents, the decedent's siblings inherit. Always consult a lawyer with questions about intestate succession, as each situation is unique, and the law is complex.

In addition to establishing the decedent's heirs at law, the affidavit also describes all the real and personal property left by the decedent. The affiant must sign the affidavit in the presence of a notary public. Before recording with the land records of the county where the subject property is situated, ensure that the instrument meets standards of form and content for recorded documents in West Virginia.

Consult a lawyer with questions about intestate succession or affidavits of heirship in West Virginia.

(West Virginia Affidavit of Heirship Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

What Others Like You Are Saying

— Martha G.

"Well-designed site. Incredibly easy to find what I needed, very reasonable cost."

— SHIRLEY H.

"I like that they have all the forms, but I could not find it they would submit the forms to the reco…"

— Mike S.

"Overpriced"

— Earnest K.

"I used the \"personal representative\'s deed.\" There were a few errors, after I went to record it a…"

— Jimmy W.

"The forms where easy to get to and I hope that they will be as easy to fill out."

Common Uses for Affidavit of Heirship

Provide proof needed to refinance after a joint owner's death
Establish the identity of the surviving property owner
Provide documentation required by a title company to clear title
Document survivorship rights for jointly held property
Provide proof of death to a title company or lender

Compare other West Virginia deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Deed of Trust and Promissory Note Release of Deed of Trust Installment Land Contract Memorandum of Land Contract Release of Memorandum of Contract Easement Deed Termination of Easement Transfer on Death Deed Transfer on Death Revocation Personal Representative Deed Trustee Deed Mineral Deed Quitclaim Mineral Deed Special Power of Attorney for the Purchase of Property Special Power of Attorney for the Sale of Property Disclaimer of Interest Certification of Trust Memorandum of Trust Notice of Lis Pendens Release of Lis Pendens

Important: County-Specific Forms

Our affidavit of heirship forms are specifically formatted for each county in West Virginia.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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