Wirt County Affidavit of Heirship Form (West Virginia)
All Wirt County specific forms and documents listed below are included in your immediate download package:
Affidavit of Heirship Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Wirt County compliant document last validated/updated 2/17/2025
Affidavit of Heirship Guide
Line by line guide explaining every blank on the form.
Included Wirt County compliant document last validated/updated 3/10/2025
Completed Example of the Affidavit of Heirship Document
Example of a properly completed form for reference.
Included Wirt County compliant document last validated/updated 3/31/2025
The following West Virginia and Wirt County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Heirship forms, the subject real estate must be physically located in Wirt County. The executed documents should then be recorded in the following office:
Wirt County Clerk
1 Court Square / PO Box 53, Elizabeth, West Virginia 26143
Hours: Monday - Friday 8:00 am - 4:30 pm
Phone: (304) 275-4271
Local jurisdictions located in Wirt County include:
- Brohard
- Creston
- Elizabeth
- Palestine
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 Wirt 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 Wirt County using our eRecording service.
Are these forms guaranteed to be recordable in Wirt County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Wirt 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 Wirt County that you need to transfer you would only need to order our forms once for all of your properties in Wirt County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by West Virginia or Wirt 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 Wirt 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 Wirt 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 Wirt 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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May 22nd, 2021
I thought the forms were reasonably priced, the instructions included in the packet were thorough, and the examples helpful. Thank you for the additional CDR forms too. I contacted the Recorder's office via email with a question and Jennifer Bowser answered promptly. Job well done! However, when I delivered the deed and Real Property Transfer Declaration to the Clerk's office in Lafayette, the clerk was unfamiliar with the Declaration document being submitted and it took some time to convince her to submit the form without charging the recording fee. She even tried to phone the recorder's office for clarification, but no one answered. There then was an additional form at that office that I had to complete called Recording Request/Transmittal Form. I would suggest including that form with instructions in your on-line packet to speed up the process when a Deed is delivered to the County Clerk's satellite office. I do not expect every clerk to know all the particulars of recording requirements but a little knowledge wouldn't hurt.
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