West Virginia Forms

Berkeley County Affidavit of Heirship Form

Berkeley County Affidavit of Heirship Form

Berkeley County Affidavit of Heirship Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 8/7/2025
Berkeley County Affidavit of Heirship Guide

Berkeley County Affidavit of Heirship Guide

Line by line guide explaining every blank on the form.

Document Last Validated 8/6/2025
Berkeley County Completed Example of the Affidavit of Heirship Document

Berkeley County Completed Example of the Affidavit of Heirship Document

Example of a properly completed form for reference.

Document Last Validated 8/26/2025

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Berkeley County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Berkeley County Clerk
Address:
Courthouse - 100 West King St
Martinsburg, West Virginia 25401

Hours: Monday-Friday 9:00am to 5:00pm

Phone: (304) 264-1927

Recording Tips for Berkeley County:
  • Ask if they accept credit cards - many offices are cash/check only
  • Verify all names are spelled correctly before recording
  • Documents must be on 8.5 x 11 inch white paper
  • Leave recording info boxes blank - the office fills these
  • Verify the recording date if timing is critical for your transaction

Cities and Jurisdictions in Berkeley County

Properties in any of these areas use Berkeley County forms:

  • Bunker Hill
  • Falling Waters
  • Gerrardstown
  • Glengary
  • Hedgesville
  • Inwood
  • Martinsburg
  • Ridgeway

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Berkeley County

How do I get my forms?

Forms are available for immediate download after payment. The Berkeley County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Berkeley County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Berkeley County including margin requirements, content requirements, font and font size requirements.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Berkeley County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Berkeley County?

Recording fees in Berkeley County vary. Contact the recorder's office at (304) 264-1927 for current fees.

Questions answered? Let's get started!

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)

Important: Your property must be located in Berkeley County to use these forms. Documents should be recorded at the office below.

This Affidavit of Heirship meets all recording requirements specific to Berkeley County.

Our Promise

The documents you receive here will meet, or exceed, the Berkeley County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

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