Summers County Affidavit of Heirship Form (West Virginia)

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

Affidavit of Heirship Form

Summers County Affidavit of Heirship Form

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

Affidavit of Heirship Guide

Summers County Affidavit of Heirship Guide

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

Completed Example of the Affidavit of Heirship Document

Summers County Completed Example of the Affidavit of Heirship Document

Example of a properly completed form for reference.
Included Summers County compliant document last validated/updated 6/6/2024

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

Summers County Clerk

Courthouse - 451 First Ave, Suite 106, Hinton, West Virginia 25951

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

Phone: (304) 466-7104

Local jurisdictions located in Summers County include:

  • Elton
  • Forest Hill
  • Green Sulphur Springs
  • Hinton
  • Jumping Branch
  • Meadow Creek
  • Nimitz
  • Pence Springs
  • Pipestem
  • Sandstone
  • Talcott

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?

Immediately after you submit payment, the Summers 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 provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

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 Summers County using our eRecording service.
Are these forms guaranteed to be recordable in Summers County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Summers 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 Summers County that you need to transfer you would only need to order our forms once for all of your properties in Summers County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by West Virginia or Summers 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 Summers 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 Summers 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 Summers 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 18th, 2024

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June 14th, 2024

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June 13th, 2024

t was a bit confusing at first. I am really old though. It was fairly easy to use. I will continue to use Deeds. com for all my future needs.rnThank you Deeds.com for making life so much easier.

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Rachel E.

April 3rd, 2020

Our firm is working remotely and a lot of court services are limited with the corona-virus shutdowns, but we needed to record a Deed at the last minute. There was no other way we'd could get it done that quick without Deeds.com

(staff) helped us work out some kinks and we got it recorded in less than 1 business day!

Thank you!

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Kristen N.

October 3rd, 2023

Very easy to use, helpful instructions and examples. I also like the chat feature and the erecording. So much better than other DIY law websites out there.

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Mildred S.

November 8th, 2021

This was an excellent service to amend a deed. It was a little frustrating at first, but well worth it, as they review your documents before submission to your "Recorder of Deeds" to make sure they are not rejected.

Would definitely use them again.

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Bridgit L.

May 20th, 2020

I must admit I was a bit hesitant to record a document online, but I am impressed by how quickly the process took from the initial sign-on, uploading and recording!

I will definitely use your services again.

Reply from Staff

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Christine B. B.

May 20th, 2019

The Personal Representatives Deed is definitely a helpful document for my files. I find it need just a little tweaking by deeds.com ,
There should be more space for the legal description. I did see in the FAQ's you recommend putting it in the Exhibit and this is what I did. Also I couldn't get the year to be accepted and had to write it in. These are just some minor suggestions, on the whole I was grateful to find this document. Thank you.

Reply from Staff

Thank you for your feedback. Sorry to hear that you had trouble with the date field, we will have it reviewed.

DONALD S.

March 11th, 2020

Using the Administrators Deed, pay attention to "Exhibit A". The blank will allow you to type a full legal description BUT it will not save it. Use "Exhibit A" to type the legal description.

The form was great and I filed it this morning with no problems.

Reply from Staff

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Audrey T.

August 18th, 2020

The info was good for the money, but not all that I needed.

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MARIZON M.

November 4th, 2020

This site/service is amazing! The response is almost real-time and the fees are super reasonable. I will be using this again in the future should I need to file any other documents with the county and will also recommend it to others! Thank you!

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Melinda P.

January 4th, 2020

I received my documents immediately! Thats was a huge relief!

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Donna R.

February 10th, 2021

Great service. Just started using Deeds.com yesterday. So far, so good.

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Lisa J.

November 29th, 2019

Thank you so much for your time.

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Estelle R.

May 25th, 2022

Easy to download. Hopefully easy to fill in. Just wish there was wording for a Beneficiary Deed for moving real estate property owned by a married couple to their Trust upon death of last Trustee.

Reply from Staff

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