Marion County Affidavit of Heirship Form

Last validated August 26, 2026 by our Forms Development Team

Formatted for recording in Marion County, for property anywhere in the county: rural and unincorporated areas as well as Barrackville, Baxter, Carolina, Colfax, Fairmont, Fairview, Farmington, Four States and 9 more.

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Marion County Affidavit of Heirship Form

Marion County Affidavit of Heirship Form

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

Document last validated 7/20/2026
Marion County Affidavit of Heirship Guide

Marion County Affidavit of Heirship Guide

Line by line guide explaining every blank on the form.

Document last validated 8/26/2026
Marion County Completed Example of the Affidavit of Heirship Document

Marion County Completed Example of the Affidavit of Heirship Document

Example of a properly completed form for reference.

Document last validated 8/12/2026

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

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

Where to Record Your Documents

Marion County Clerk

Address:
219 Adams St / PO Box 1267
Fairmont, West Virginia 26554 / 26555-1267

Hours: 8:30 to 4:30 M-F

Phone: (304) 367-5440

Recording Tips for Marion County:
  • Bring your driver's license or state-issued photo ID
  • Ensure all signatures are in blue or black ink
  • Documents must be on 8.5 x 11 inch white paper
  • Double-check legal descriptions match your existing deed
  • Verify all names are spelled correctly before recording

Cities and Jurisdictions in Marion County

Properties in any of these areas use Marion County forms:

  • Barrackville
  • Baxter
  • Carolina
  • Colfax
  • Fairmont
  • Fairview
  • Farmington
  • Four States
  • Grant Town
  • Idamay
  • Kingmont
  • Mannington
  • Metz
  • Montana Mines
  • Rachel
  • Rivesville
  • Worthington

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Marion County

How do I get my forms?

Forms are available for immediate download after payment. The Marion 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 Marion County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Marion County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Marion 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. The free Adobe Acrobat Reader is recommended, and most PDF apps also work. 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 Marion County?

Recording fees in Marion County vary. Contact the recorder's office at (304) 367-5440 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 Marion County to use these forms. Documents should be recorded at the county recording office listed above.

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

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Marion County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Marion 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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The template isn't that easy to work with, with you have to type out large amounts of text. Also copy and paste doesn't seem to work. Furthermore, the code listed on the guide is out of date. However, the DQC is decent in that it has all the required fields you need.

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Process is easy but system would not accept 3 different credit cards on first day. No phone number to call. Sent message and response was all 3 cards must have been declined. However, next day one of those cards went through with no problem.

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Julie K. 4 out of 5 stars

The process for obtaining document itself was easy, and the included guide and example are great! I do have an issue with the format itself, though. The form has pre-defined text boxes, which cannot be altered without partially rebuilding the entire document. For the 'property description' field on the Mineral Deed form, the text box is not large enough for the rather lengthy legal description entered on my original plat. Fortunately, I have a copy of Adobe Pro, so I have been able to re-build the doc to accommodate this short-coming.

Reply from Staff

Thank you for taking the time to provide feedback on our legal form. We're pleased to hear that you found the process for obtaining the document and the included guide beneficial.

We understand and appreciate your concern regarding the formatting and size limitations of certain fields, especially the 'property description' field. Our forms are designed to adhere to specific formatting requirements that are often mandated for legal compliance. Making direct alterations to the document can result in them becoming non-conforming, which is why we advise customers to use an exhibit page when their legal description is extensive or does not fit.