Mercer County Affidavit of Heirship Form (West Virginia)

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

Affidavit of Heirship Form

Mercer County Affidavit of Heirship Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Mercer County compliant document last validated/updated 3/25/2024

Affidavit of Heirship Guide

Mercer County Affidavit of Heirship Guide

Line by line guide explaining every blank on the form.
Included Mercer County compliant document last validated/updated 4/30/2024

Completed Example of the Affidavit of Heirship Document

Mercer County Completed Example of the Affidavit of Heirship Document

Example of a properly completed form for reference.
Included Mercer County compliant document last validated/updated 5/15/2024

When using these Affidavit of Heirship forms, the subject real estate must be physically located in Mercer County. The executed documents should then be recorded in one of the following offices:

Mercer County Clerk

Courthouse - 1501 W Main St, Suite 121, Princeton, West Virginia 24740

Hours: Monday-Friday 8am-4:30pm

Phone: (304) 487-8312

Local jurisdictions located in Mercer County include:

  • Athens
  • Beeson
  • Bluefield
  • Bramwell
  • Camp Creek
  • Flat Top
  • Freeman
  • Hiawatha
  • Kegley
  • Kellysville
  • Lashmeet
  • Lerona
  • Matoaka
  • Montcalm
  • Nemours
  • Oakvale
  • Princeton
  • Rock
  • Spanishburg
  • Wolfe

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Forms are NOT emailed to you. Immediately after you submit payment, the Mercer County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Mercer County using our eRecording service.
Are these forms guaranteed to be recordable in Mercer County?

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

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 Mercer County that you need to transfer you would only need to order our forms once for all of your properties in Mercer County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by West Virginia or Mercer 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.

What type of files are the forms?

All of our Mercer 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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)

Our Promise

The documents you receive here will meet, or exceed, the Mercer 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 Mercer 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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June 30th, 2020

This is what we need and it was very helpful and easy to fill out.
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July 21st, 2020

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August 25th, 2020

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Novella M T.

January 5th, 2022

Amazing forms, nice to have something specific and not generic like some other sites. Getting the other required forms included is a nice bonus.

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July 14th, 2022

I was very pleased and satisfied with the ease of use, expeditious turnaround and costs involved to eRecord my documentation to the Probate Court. I live in another city and state and your service allowed me to get what I needed done. in a matter of a few hours from the time I submitted my package for filing, within an hour. I received noted and stamped confirmation from the county clerks office the document was now on file with them. I highly recommend Deeds.com and will be utilizing your online services for any future legal documentation.

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Steve B.

February 6th, 2020

Good format. Timely response. Adding a photo of the property would be a good improvement.

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Lindsay B.

February 16th, 2019

The form was easy to fill out. The only problem I had was on the Notary page I live in a different state than the property and I couldn't change the name of the state or county where the notary had to sign.

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May 16th, 2019

Haven't filed yet but it seems everything I need is here. Easy process

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August 30th, 2022

The Deeds.com site made is relatively simple to download a Beneficiary Deed form specific to St Louis, which is great, because neither the city or state provide this. Thanks!

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Paula B.

August 8th, 2019

I'm transferring a property into a trust and ordered the QuitClaim Deed. Everything was pretty straight forward and user friendly. However, the Additional Information/Instructions for the Preliminary Change of Ownership Report skips from Section "I" to "M" and does not address "K". It would have been very helpful to have an explanation of the difference between the three options in that section. Thank you.

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