Fayette County Affidavit of Heirship Form (West Virginia)
All Fayette 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 Fayette County compliant document last validated/updated 8/29/2024
Affidavit of Heirship Guide
Line by line guide explaining every blank on the form.
Included Fayette 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 Fayette County compliant document last validated/updated 9/26/2024
The following West Virginia and Fayette 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 Fayette County. The executed documents should then be recorded in the following office:
Fayette County Clerk's Office
100 Church St / PO Box 569, Fayetteville, West Virginia 25840-1256
Hours: 8:00 to 4:00 M-F
Phone: (304) 574-4226
Local jurisdictions located in Fayette County include:
- Alloy
- Ansted
- Boomer
- Cannelton
- Charlton Heights
- Danese
- Deep Water
- Dothan
- Edmond
- Fayetteville
- Gauley Bridge
- Glen Ferris
- Glen Jean
- Hico
- Hilltop
- Kanawha Falls
- Kimberly
- Kincaid
- Lansing
- Layland
- Lochgelly
- Lookout
- Meadow Bridge
- Minden
- Montgomery
- Mount Carbon
- Mount Hope
- Mount Olive
- Nallen
- Oak Hill
- Page
- Pax
- Powellton
- Prince
- Robson
- Scarbro
- Smithers
- Spring Dale
- Thurmond
- Victor
- Winona
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 Fayette 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 Fayette County using our eRecording service.
Are these forms guaranteed to be recordable in Fayette County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Fayette 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 Fayette County that you need to transfer you would only need to order our forms once for all of your properties in Fayette County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by West Virginia or Fayette 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 Fayette 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 Fayette 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 Fayette 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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James S.
November 21st, 2024
Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.
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November 21st, 2024
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November 20th, 2024
They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.
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December 17th, 2021
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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
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Craig L.
May 11th, 2021
So far so good. I will let you know after a successful recordation of the deed.
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February 23rd, 2021
Thanks again for such excellent service, and always a pleasure!
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February 1st, 2019
Helpful website. Couldn't use the forms for my situation and area
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June 15th, 2020
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April 27th, 2020
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November 8th, 2021
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December 30th, 2021
ALTHOUGH IT TOOK A LITTLE LONGER THAN EXPECTED TO RECEIVE AN INVOICE TO ALLOW ME TO PAY THE REQUIRED FEES AND HAVE MY DOCUMENT SUBMITTED FOR RECORDING, I REALLY APPRECIATED THE SERVICE AND PROMPT RESPONSES TO MY MESSAGES, SEEKING ASSISTANCE. THANK YOU SO MUCH!
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