Wayne County Affidavit of Heirship Form

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

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

Wayne 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
Additional West Virginia and Wayne County documents included at no extra charge:
Where to Record Your Documents
Wayne County Clerk
Wayne, West Virginia 25570
Hours: 8:00 to 4:00 M-W, F; Th until 7:00
Phone: (304) 272-6362
Recording Tips for Wayne County:
- Check that your notary's commission hasn't expired
- Leave recording info boxes blank - the office fills these
- Make copies of your documents before recording - keep originals safe
- Ask about their eRecording option for future transactions
Cities and Jurisdictions in Wayne County
Properties in any of these areas use Wayne County forms:
- Ceredo
- Crum
- Dunlow
- East Lynn
- Fort Gay
- Genoa
- Huntington
- Kenova
- Kiahsville
- Lavalette
- Prichard
- Shoals
- Wayne
- Wilsondale
Hours, fees, requirements, and more for Wayne County
How do I get my forms?
Forms are available for immediate download after payment. The Wayne 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 Wayne County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Wayne 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 Wayne 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 Wayne County?
Recording fees in Wayne County vary. Contact the recorder's office at (304) 272-6362 for current fees.
Have other questions? Contact our support team
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 Wayne County to use these forms. Documents should be recorded at the office below.
This Affidavit of Heirship meets all recording requirements specific to Wayne County.
Our Promise
The documents you receive here will meet, or exceed, the Wayne 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
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