Fayette County Affidavit of Heirship Form

Fayette County Affidavit of Heirship Form
Fill in the blank form formatted to comply with all recording and content requirements.

Fayette County Affidavit of Heirship Guide
Line by line guide explaining every blank on the form.

Fayette County Completed Example of the Affidavit of Heirship Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional West Virginia and Fayette County documents included at no extra charge:
Where to Record Your Documents
Fayette County Clerk's Office
Fayetteville, West Virginia 25840-1256
Hours: 8:00 to 4:00 M-F
Phone: (304) 574-4226
Recording Tips for Fayette County:
- Double-check legal descriptions match your existing deed
- Recording fees may differ from what's posted online - verify current rates
- Mornings typically have shorter wait times than afternoons
Cities and Jurisdictions in Fayette County
Properties in any of these areas use Fayette County forms:
- Alloy
- Ansted
- Boomer
- Cannelton
- Charlton Heights
- Danese
- Deep Water
- Dothan
- Edmond
- Fayetteville
- Gauley Bridge
- Glen Ferris
- Glen Jean
- Hico
- Hilltop
- Kanawha Falls
- Kimberly
- Kincaid
- Lansing
- Layland
- Lochgelly
- Lookout
- Meadow Bridge
- Minden
- Montgomery
- Mount Carbon
- Mount Hope
- Mount Olive
- Nallen
- Oak Hill
- Page
- Pax
- Powellton
- Prince
- Robson
- Scarbro
- Smithers
- Spring Dale
- Thurmond
- Victor
- Winona
Hours, fees, requirements, and more for Fayette County
How do I get my forms?
Forms are available for immediate download after payment. The Fayette 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 Fayette County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Fayette 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 Fayette 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 Fayette County?
Recording fees in Fayette County vary. Contact the recorder's office at (304) 574-4226 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 Fayette County to use these forms. Documents should be recorded at the office below.
This Affidavit of Heirship meets all recording requirements specific to Fayette County.
Our Promise
The documents you receive here will meet, or exceed, the Fayette 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
Get your Fayette County Affidavit of Heirship form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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Jason James H.
January 17th, 2019
Th forms were correct, exactly what I needed.
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June 30th, 2020
Fast, efficient, and helpful. I don't often have documents that need recording but I found Deeds.com incredibly handy. It cost me no more and probably less than if I'd gone in to do it myself. It was especially helpful during this Covid-19 stay-at-home time. It all happened within a couple of hours and I had my recorded copies in my hands.
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March 25th, 2019
Very nice web site with available forms. Being out of state we appreciated instruction sheet details. Rick and Jean Weber, Chicago
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Robert M.
August 26th, 2021
Ultimately, it directed me to the wrong form. Not very helpful. I had to turn to a title company to get my issue addressed.
Our website makes documents available to you. It does not direct you as to which one to use. We are glad that you sought the assistance it sounds like you needed. Have a wonderful day
Thomas N.
May 9th, 2019
TODD Form would not print surveyor degrees character (superscript "o") in Exhibit A. It also would not print the "Return Address" or "Prepared By" entries with my middle name as your example showed.
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Marc T.
August 31st, 2021
Walked the document through our county offices today. the directions to fill out the document were awesome and we had no issues, We now have a TOD property. Beats paying an attorney $200.00
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November 8th, 2021
Good & friendly software, complete & clear instructions & guidance, generates proper forms that were readily accepted @ Clerk & Recorder Office, all of this @ reasonable cost. Five Stars!
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September 16th, 2019
It was quick and easy to print and download the forms I needed.
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March 7th, 2021
I found Deeds to be okay except I was hoping it would give me a title or deed to my house if I would have known I would have just got a warranty deed I probably would not have pay the money but it's still worth it
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Linda F.
August 1st, 2025
I can't recommend working with Deeds.com enough. I had been given incorrect information from another document service. The helpful staff member at Deeds.com that assisted in the submission of the recording was exceptionally helpful in making sure what I was submitting included the necessary elements required by the county. I am very thankful I chose Deeds.com for my eRecording service. Thank you!!
Thank you, Linda! We’re so glad our team could assist in making sure your submission met the county’s requirements. It means a lot that you chose Deeds.com after a frustrating experience elsewhere. We appreciate your trust and kind words!
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January 28th, 2021
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Todd W.
September 3rd, 2020
Communication is hard. The reps need to be empowered and encouraged to call the customers when necessary. They encourage 300 dpi resolution and under 2 MB PDF file, which is not even possible with our scanner. They made a vague comment about a legal description looking abbreviated but did not explain. They refused to call me. They said the county said "Image is light please darken", but the image looked fine to me. Maybe not their fault, but they refused to help work with the county on that for me. I followed their suggestion though and re-scanned at 300 dpi, but they misunderstood me and did not re-submit it right away. Over 48 hours later, it's still not recorded yet. I hope it will be today.
Thank you for your feedback Todd.
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February 2nd, 2021
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Marcell E.
October 21st, 2022
I am not very happy about the fact that I paid 27.00 to not even have the forms filled out. I thought that it was going to be all done for me and I was told that I need a lawyer to have the form filled out properly.
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David G.
February 27th, 2025
Very easy to fill out and understand. Thank You!!
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