Legal Heir Affidavit (N/a)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Legal Heir Affidavit (N/a) is a commonly used form within West Virginia. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Legal Heir affidavit. Must include a copy of the death certificate. Can only be used when the deceased did not have a Will. Used to transfer the deceased individual's vehicles into the legal heir's name or to sign on behalf of the deceased individual.

Atticus Fast Facts About Legal Heir Affidavit (N/a)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Legal Heir Affidavit (N/a):

• This form pertains to the State of West Virginia

• The current version of this form was last revised on January 1, 1970

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about West Virginia’s Form Legal Heir Affidavit (N/a) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct West Virginia form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some West Virginia probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Legal Heir Affidavit (N/a), take a break, and then review. Probate and estate settlement processes in WV are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Legal Heir Affidavit (N/a) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Legal Heir Affidavit (N/a) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in West Virginia.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster West Virginia can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in West Virginia. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of West Virginia is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for West Virginia probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local West Virginia probate clerk or court for exact answers regarding Form Legal Heir Affidavit (N/a), and when in doubt— consult a qualified trust & estates lawyer for that area.

Legal Heir Affidavit (N/a) is one of the many probate court forms available for download through Atticus.

It may also be available through some West Virginia probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within West Virginia.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Legal Heir Affidavit (N/a) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the West Virginia probate court office.

Legal Heir Affidavit (N/a) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any West Virginia-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on West Virginia Form Legal Heir Affidavit (N/a). You can use this to get an idea of the context of the form and what type of information is needed.

1-800-642-9066 dmv.wv.gov DMV-185-TR Rev. 11/2021 West Virginia Department of Transportation Division of Motor Vehicles Legal Heir A\\u001fdavit NOTARY STAMP I/we, being dually sworn on oath or a\\u001frmation, do swear or a\\u001frm that I/we am/are the legal heir(s) of the decedent described herein, as the legally registered owner of the aforementioned motor vehicle, and that I/we have been designated as new owner(s) and assignee(s) pursuant to statutory descent and distribution and by agreement of all other legal heirs. I/we, the undersigned, being duly sworn on oath or a\\u001frmation, do hereby acknowledge that I/we have freely and knowingly relinquished to the above named a\\u001fant(s) all rights and claims to the vehicle described above. Name of Decedent Motor Vehicle Title Number Serial/VIN Number City, State and Zip code _____________________________________________________ Name of Heir ___________________________________________________________ Address of Heir ___________________________________________________________ City, State and Zip code _____________________________________________________ Name of Heir ___________________________________________________________ Address of Heir ___________________________________________________________ (X)(X) Signature of A\\u001fant Signature of A\\u001fant (X) Signature of Heir (X) Signature of Heir City, State and Zip code _____________________________________________________ Name of A\\u001fant _________________________________________________________ Address of A\\u001fant _________________________________________________________ City, State and Zip code _____________________________________________________ Name of A\\u001fant _________________________________________________________ Address of A\\u001fant ___________________ ______________________________________ (X) Signature of A\\u001fant (X) Signature of A\\u001fant Decedent and Motor Vehicle Information A\\u001fant Information & Certi\\u001ecation Additional Heir(s) Must Complete the Following (For more than two (2) heirs, additional DMV-185-TR form(s) must be completed) A COPY OF THE DEATH CERTIFICATE MUST ACCOMPANY THIS DOCUMENT. This form is only to be completed when no administrator or administratrix has been appointed and no will has been left by the decedent. License plates are transferable from the decedent to legal heirs, however, a valid certi\\u001ecate of insurance in the new owner’s name is required to register the motor vehicle. Certi\\u001ecation of Notary Public (X) State of West Virginia, County of ______________________ Subscribed and sworn before me this ____________ day of _______________________________ , 20___________. ________________________________________________ My Commission expires ________/________/________. NOTARY PUBLIC SIGNATURE * ANY ALTERATIONS, ERASURES, OR WHITEOUTS WILL VOID THIS DOCUMENT.