HB 2867 West Virginia House of Delegates · 2025 Regular Session

Relating to Small Estates

This bill simplifies the process for handling small estates in West Virginia that do not include real property (like a house). It allows heirs to transfer assets valued at $50,000 or less using a sworn affidavit instead of requiring court-appointed personal representatives. The affidavit must detail the decedent’s death, assets, heirs, and confirm no pending court proceedings. This directly affects individuals inheriting small estates without real property, removing the need for bonds or court oversight while ensuring creditors are paid.
Bill status signed all 5 stages cleared
Introduction
Feb 2025
Committee Review
Apr 2025
House of Delegates Passage
Apr 2025
Senate Passage
Apr 2025
Signed into Law
Jul 2025
Introduced Feb 24, 2025 Signed Jul 30, 2025
Maddy AI version diff · 4 comparisons

What changed between versions

hb2867 s jud am _1 4-3 adopted.htm hb2867 sfat stuart _1 4-7 adopted.htm · 3 edits
MINOR
The bill was amended to change its title and purpose, now explicitly stating it relates to precluding estates with probate real property or interests in probate real property from being processed as small estates. The substantive text of the small estate affidavit provisions was removed entirely, replacing it with a motion to amend the bill's title only.
Scope change
The bill's scope changed from establishing a small estate affidavit process to simply amending the bill title to clarify that estates with probate real property cannot qualify as small estates.
ELIGIBILITY

Removed the entire article establishing the West Virginia Small Estate Act, including the affidavit process, value thresholds ($50,000 for personal assets and $100,000 for real estate), and administrative procedures for administering small estates.

SCOPE

Added a new title clarifying that the bill relates to precluding estates with probate real property or interests in probate real property from being processed as small estates.

REQUIREMENT

Changed the bill from substantive legislation establishing a small estate process to a title amendment only, removing all detailed procedural requirements for affidavit administration.

Floor votes · Senate Apr 8, 2025 · House of Delegates Mar 12, 2025

How they voted

320
Passed · 1 other
Total votes 33
Apr 8, 2025
D Democratic2
2 Yea
100% Yea
R Republican31
30 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
41
Key actions
10
Committee
7
Apr 25, 2025
Signed into law
Approved by Governor 4/25/2025
lower
Apr 12, 2025
Signed into law
Approved by Governor 4/25/2025 - Senate Journal
upper
Apr 12, 2025
Signed into law
Approved by Governor 4/25/2025 - House Journal
lower
Apr 10, 2025
Lower · Passed
House concurred in Senate amendment and passed bill (Roll No. 453)
lower
Apr 8, 2025
Upper · Passed
Title amendment adopted
upper
Apr 8, 2025
Upper · Passed
Passed Senate (Roll No. 369)
upper
Apr 7, 2025
Upper · Passed
Committee amendment adopted (Voice vote)
upper
Apr 4, 2025
Upper · Passed
Reported do pass, with amendment
upper
Mar 13, 2025
Committee
To Judiciary
upper
Mar 13, 2025
Introduced
Introduced in Senate
upper
Mar 12, 2025
Lower · Passed
Passed House (Roll No. 72)
lower
Mar 7, 2025
Lower · Passed
Do pass
lower
Mar 4, 2025
Committee
To House Legal Services
lower
Feb 24, 2025
Committee
To House Judiciary
lower
Feb 24, 2025
Introduced
Introduced in House
lower
Feb 24, 2025
Committee
To Judiciary
lower
1 primary · 10 co-sponsors

Sponsors