Marion County Affidavit of Heirship Form (West Virginia)

All Marion County specific forms and documents listed below are included in your immediate download package:

Affidavit of Heirship Form

Marion County Affidavit of Heirship Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Marion County compliant document last validated/updated 8/29/2024

Affidavit of Heirship Guide

Marion County Affidavit of Heirship Guide

Line by line guide explaining every blank on the form.
Included Marion County compliant document last validated/updated 10/2/2024

Completed Example of the Affidavit of Heirship Document

Marion County Completed Example of the Affidavit of Heirship Document

Example of a properly completed form for reference.
Included Marion County compliant document last validated/updated 9/26/2024

When using these Affidavit of Heirship forms, the subject real estate must be physically located in Marion County. The executed documents should then be recorded in the following office:

Marion County Clerk

219 Adams St / PO Box 1267, Fairmont, West Virginia 26554 / 26555-1267

Hours: 8:30 to 4:30 M-F

Phone: (304) 367-5440

Local jurisdictions located in Marion County include:

  • Barrackville
  • Baxter
  • Carolina
  • Colfax
  • Fairmont
  • Fairview
  • Farmington
  • Four States
  • Grant Town
  • Idamay
  • Kingmont
  • Mannington
  • Metz
  • Montana Mines
  • Rachel
  • Rivesville
  • Worthington

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 Marion 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 Marion County using our eRecording service.
Are these forms guaranteed to be recordable in Marion County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Marion 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 Marion County that you need to transfer you would only need to order our forms once for all of your properties in Marion County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by West Virginia or Marion 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 Marion 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 Marion 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 Marion 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

Reply from Staff

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.

Reply from Staff

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.

Reply from Staff

We are delighted to have been of service. Thank you for the positive review!

Arthur L.

October 31st, 2020

The directions were clear, I typed the deed out and it was successfully recorded and mailed back to me in less than a week.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

JJ G.

September 18th, 2020

Was very easy and helpful. No going down to the courthouse

Reply from Staff

Thank you!

Arthur S.

July 19th, 2019

It is great and fast you get 5 stars from me

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

LeAnn B.

October 12th, 2021

Excellent service. Very helpful staff that guided me through the process since this was my first time e-recording. We were so surprised to get the recorded deeds within an hour. Thank you very much.
LeAnn

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Jayne S.

December 20th, 2023

Simple and quick -- just what we needed!

Reply from Staff

Your feedback is greatly appreciated. Thank you for taking the time to share your experience!

Leonard D.

May 2nd, 2019

I'm still working on it. I'm surprised that it appears so much information has to be included about beneficiaries.

Reply from Staff

Thank you!

Stephen P.

July 20th, 2021

Quick and Easy

Reply from Staff

Thank you!

Kent B.

February 25th, 2019

Disappointed on most recent order. Format did not permit changing the "boilerplate" language to change "grantor" to "grantors". In so restricting, could not use pre-printed form to make a joint party conveyance.

Reply from Staff

Sorry to hear of your disappointment. We've canceled your order and payment for the warranty deed document. Have a wonderful day.

Christine H.

June 23rd, 2020

Easy to use. Customer service is very responsive!

Reply from Staff

Thank you!

Helen B.

January 15th, 2021

Very Good!

Reply from Staff

Thank you!

patricia w.

August 5th, 2022

Fast, easy download of forms needed.
Thank you, Deeds.com

Reply from Staff

Thank you!

Michael M.

June 14th, 2022

Amazing time saver, fantastic resource if you have an idea of what you are looking for and you can read. No one is going to hold your hand so be prepared to do the research yourself... it is DIY after all.

Reply from Staff

Thanks for the kind words Michael. Have a wonderful day.