WV LEG Probate Real Estate Process

Updated on: Apr 30, 2025

Latest Event


  • Apr. 25, 2025 WV LEG Governor Approval
  • On Apr. 25, 2025, WV LEG reported governor approved HB 2867, effective Jul. 9, 2025

On Apr. 15, WV LEG passed bill on probate real estate processing.

  • WV LEG passed bill HB 2867 on the processing of probate real estate or interest.
  • Amends WV LEG 44-1A-44-1A-2 on administration of a small estate upon affidavit.
  • Bill Provisions
  • Precludes an estate with probate real property from being processed as a small estate
  • Small estate of decedent domiciled in state, without owning any interest in any real property, may be administered upon affidavit, without appointment of representative.
  • The small assets of the decedent may be paid or delivered to the authorized successor.
  • Any successor of a decedent, without owning any interest in any real property, may execute and tender for recording to county clerk an affidavit concerning small estate.
  • Legislative History
  • On Feb. 24, 2025, bill was introduced in House; on Mar. 12, 2025, bill passed House.
  • On Mar. 13, 2025, bill was introduced in Senate; on Apr. 8, 2025, bill passed Senate.
  • On Apr. 10, 2025, House concurred Senate amendment; on Apr. 15, sent to governor.
  • Effectiveness
  • If enacted, bill provisions become effective 90 days after passage.
  • Apr. 25, 2025 WV LEG Governor Approval
  • On Apr. 25, 2025, WV LEG reported governor approved HB 2867, effective Jul. 9, 2025
Regulators
WV LEG
Entity Types
Corp; Fiduciary
Reference
Act, 4/25/2025; Bill HB2867, 4/15/2025; Citation: WV LEG 44-1A-44-1A-2;
Functions
Compliance; Financial; Legal; Reporting
Countries
United States of America
Category
State
N/A
Products
Corporate; Mortgage; Wealth Mgt
Rule Type
Final
Regions
Am
Rule Date
Apr 15, 2025
Effective Date
Jul 9, 2025
Rule ID
251167
Linked to
N/A
Reg. Last Update
Apr 25, 2025
Report Section
US Consumer