WV HB2867

Estates containing any probate real property or any interest in probate real property are excluded from being processed as a "small estate" under West Virginia's simplified probate procedures

Small estates (personal property only, valued at $50,000 or less) can continue to be administered through an affidavit process without appointing a personal representative

Successors nominated as personal representative in a will must wait 30 days after death before filing; non-nominated successors must wait 60 days

The county clerk issues a certificate authorizing the successor to collect, administer, and distribute small assets, pay creditors, file tax returns, and pursue litigation on behalf of the estate

The bill takes effect July 9, 2025 (90 days after passage on April 10, 2025)