West Virginia - Lincoln County Affidavit of Heirship Forms

Included Forms

All Lincoln County specific forms and documents listed below are included in your immediate download package:

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Included Supplemental Documents

The Following West Virginia and Lincoln County supplemental forms are included as a courtesy with your order.

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Declaration of Consideration (West Virginia Document)

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Sales Listing Form (West Virginia Document)

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Instructions for Sales Listing Form (West Virginia Document)

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Certificate of Acknowledgment - Individual (West Virginia Document)

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Certificate of Acknowledgment - Representative (West Virginia Document)

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Verification of an Oath - Jurat (West Virginia Document)

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Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by West Virginia or Lincoln County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the Lincoln County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our Lincoln County Affidavit of Heirship forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the Affidavit of Heirship forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Lincoln County that you need to transfer you would only need to order our forms once for all of your properties in Lincoln County.
• Are these forms guaranteed to be recordable in Lincoln County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Lincoln County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Affidavit of Heirship Forms:

• Lincoln County

Including:

• Alkol
• Branchland
• Griffithsville
• Hamlin
• Harts
• Midkiff
• Myra
• Ranger
• Sod
• Spurlockville
• Sumerco
• West Hamlin
• Yawkey

What is the West Virginia Affidavit of Heirship?

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.

Our Promise

The documents you receive here will meet, or exceed, the Lincoln 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 Lincoln 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.

Customer Reviews:

4.8 out of 5 (3962 Reviews)

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March 23rd, 2023

Name: MIchael T.

Review: very helpful in a trouble free manner.

Reply from Staff on March 23rd, 2023

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March 23rd, 2023

Name: Roger G.

Review: was difficult to find the location on the website to actually download the form I needed. Initially was directed only to information pages related to the form I needed

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March 23rd, 2023

Name: Walter C.

Review: Awesome everything you would ever need

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Name: Nancy W.

Review: This was very easy to use to record my NOC. With the new COVID restrictions, I can't record my NOC in person and I'm working from home. This was a huge convenience and easy to use. I submitted the NOC late in the day and had the recorded NOC the next day.

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Name: Celeste G.

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Name: Lisa C.

Review: Please change on the example for the warranty deed the portion that says Source of Title: They don't use book and pages anymore They only use recording numbers. Please show an example with that for Maricopa County AZ Plus your Notary certificates should have a blank part for if it is signed in another state.

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Name: Marvin W.

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