Berkeley County Affidavit of Heirship Form (West Virginia)
All Berkeley 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 Berkeley County compliant document last validated/updated 8/29/2024
Affidavit of Heirship Guide
Line by line guide explaining every blank on the form.
Included Berkeley County compliant document last validated/updated 10/2/2024
Completed Example of the Affidavit of Heirship Document
Example of a properly completed form for reference.
Included Berkeley County compliant document last validated/updated 9/26/2024
The following West Virginia and Berkeley 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 Berkeley County. The executed documents should then be recorded in the following office:
Berkeley County Clerk
Courthouse - 100 West King St, Martinsburg, West Virginia 25401
Hours: Monday-Friday 9:00am to 5:00pm
Phone: (304) 264-1927
Local jurisdictions located in Berkeley County include:
- Bunker Hill
- Falling Waters
- Gerrardstown
- Glengary
- Hedgesville
- Inwood
- Martinsburg
- Ridgeway
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 Berkeley 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 Berkeley County using our eRecording service.
Are these forms guaranteed to be recordable in Berkeley County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Berkeley 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 Berkeley County that you need to transfer you would only need to order our forms once for all of your properties in Berkeley County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by West Virginia or Berkeley 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 Berkeley 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 Berkeley 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 Berkeley 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.
4.8 out of 5 - ( 4420 Reviews )
Jimmy W.
November 1st, 2024
Very thorough with plenty of instructions. Nice to be able to fill in the forms on my computer at my own pace and edit if needed. Jim
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
RUTH A.
October 25th, 2024
I am so very thankful for the service that you provide for the public, thank you very much.
We deeply appreciate the trust you have placed in our services. Thank you for your valuable feedback and for choosing us.
Nancy R.
October 25th, 2024
Deeds.com is very precise, helpful and friendly. I found the form I needed without any effort and everything worked perfect and smooth. I recommend it 100%. rnThank you.
We are delighted to have been of service. Thank you for the positive review!
Giuseppina M.
October 23rd, 2024
Love to work with your company
It was a pleasure serving you. Thank you for the positive feedback!
Eugenia T.
August 9th, 2023
I am the Kent County Recorder of Deeds in Central Delaware. I am impressed by the accuracy of your website. All data you post is correct regarding forms, fees, etc. We have just spent several months researching Property Theft, using many cites from various sources. I just discovered your white paper on this subject, and it is excellent. It also covers a few things we did not, such as house flipping and immigrants. Congratulations!
Thank you for your kind words and thoughtful review! It's an honor to know that our resources have been valuable to the Kent County Recorder of Deeds. Your feedback is particularly meaningful to us, and we are glad that our white paper contributed to your research on Property Theft. We fully support your vital efforts to combat property theft and deed fraud, and if there's anything else we can assist you with or any further insights you'd like to share, please don't hesitate to reach out. Keep up the outstanding work!
William V.
July 18th, 2021
I finally got it. Thanks,
William Vickery
Thank you!
Margaret F.
September 15th, 2021
They were very responsive although not able to find the document I was requesting.
Will be checking to make sure they refunded the fee on my credit card
Thank you for your feedback. We really appreciate it. Have a great day!
Alexis B.
December 31st, 2018
Highly Pleased- Strongly Recommend Deeds.com Long review... sorry:-) Originally I was very skeptical due to the enormous amount of the scams going on now days and the number of online sources that "claim" to provide you with deed forms for free or for a few. Nothing that you need and want done is free. There is always a cost. So luckily I came across deeds.com. This was the only site that appeared to be simple, to the point, and made no crazy promises. So before selecting this site, I did a little more checking around/price checking to ensure I am getting the best price for the product I needed. I even checked Staples and Amazon to find that they do indeed sell these forms but I do not think the products they provide are specific for my state and county. They claim their forms provided are for all states but my state is specific and I prefer to have forms provided by Deeds.com that is based on Indiana statute that Deed.com clearly identifies on each form. Deeds.com price of $20 seemed a little high at first but when I saw the products provided, the $20 cost is more than reasonable and fair. You not only get the deed form specific for my state and my specific "county" but also the other various/supplemental forms that may be required. Being familiar with my state and knowing how tedious and anal my state is on everything, I was pleasantly please to see the info and extra supplemental forms provided. For example, a person new to the State who recently had property deeded to them, would not necessarily know about the Homestead tax exemption provided if property is your primary residents, over 65 exemption etc. I would highly recommend this site for anyone needing these documents because Deeds.com has you covered on any and all forms/info you could ever need! A bonus is that there is one flat fee and not monthly cost that you have to worry about canceling later unless you superficially select a monthly package. I love the fact that Deeds.com is nothing fancy. There is not a bunch of elaborate graphics etc. They only provide what you need and what they provide is very accurate. Deeds.com has a customer for life.
Thank you so much Alexis. We appreciate you, have a fantastic day.
Charlotte B.
August 2nd, 2021
I was very impressed with this service. It's a very important tool to be able to get the documents filed properly.
I was not able to understand how to fill in the blanks on line.
Thank you for your feedback. We really appreciate it. Have a great day!
Gene L S.
April 12th, 2019
Exactly what I needed, at a reasonable cost.
Thank you Gene.
BARRY D.
March 24th, 2024
Could not have been easier. Instructions were clear. Guidelines and example were clearly written. Erecording worked fast and let me skip a dreaded trip downtown to be ignored by government employees who hate their jobs.
Thank you for your positive words! We’re thrilled to hear about your experience.
Stephen B.
August 21st, 2024
This was the first time to use the Deeds.com website for preparing my deed document. This was painless and easy to follow the instructions and sample package for filling in the blank boxes document. The city clerk was impressed to review my document and easily filed my deed record without questions. I would recommend anyone to prepare a legal form that is available from the Deeds.com website.
Your appreciative words mean the world to us. Thank you.
Patricia H.
October 15th, 2020
The process was so easy and result was excellent and expedient. I will definitely recommend your company for future recording needs.
Thank you!
Christine G.
April 23rd, 2021
. Easy to use.
Thank you for your feedback. We really appreciate it. Have a great day!
Anita L.
January 22nd, 2020
Found this site very easy to navigate and customer service very supportive and quickly answers any questions you have regarding forms.
Best of all you can get the forms you need and only pay for those forms, not tied to some ongoing fee that you must cancel if you have no further need beyond forms you've already purchased.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!