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Embarking on the responsibility of executing an estate in the state of West Virginia, especially following the loss of a loved one, can be a complex and daunting task. The West Virginia Estate Appraisement & Nonprobate Inventory Forms and instructions provided by the Tax Account Administration Division of the West Virginia State Tax Department aim to streamline this process for estate representatives, ensuring compliance with state laws and regulations. Initiated for estates of decedents passing on or after July 13, 2001, this comprehensive booklet guides fiduciaries—be they administrators in the absence of a will or executors if a will exists—through the meticulous processes of appraising estate and nonprobate inventories, filing necessary forms within 90 days of qualification, and completing final settlements in the decedent’s county of domicile. The materials clarify the duties required by West Virginia law, including the administration of the estate, detailing the procedural steps for both probating an estate and accounting for nonprobate personal property. By incorporating detailed instructions, form ET 6.01 for recording real estate and probate property, and form ET 6.02 for listing nonprobate personal property, the booklet serves as an essential outline not only for fulfilling legal obligations but also for assisting in the accurate and transparent distribution of the decedent’s property.

West Virginia Estate Example

West Virginia

EstatE appraisEmEnt & nonprobatE inVEntory

Forms and instructions

his booklet is furnished by the Tax Account Administration Division of the West Virginia State Tax Department for use in iling the Appraisement and Nonprobate Inventory Forms for estates and decedents dying on or after July 13, 2001.

an important mEssagE For EstatE rEprEsEntatiVEs:

When a person dies an estate is created. An estate includes property which the decedent owned. he law requires that someone must administer the estate by iling the Appraisement and Nonprobate Inventory Forms within 90 days of qualiication and completing inal settlement in the decedent’s county of domicile. administration is the process of paying the decedent’s outstanding debts and distributing the remaining property. he person in charge of the administration is called an administrator (if there is no will) or an executor (if there is a will). Also, because the administrator or executor holds a position of trust, a person with either title is often called a iduciary. If there is no will, the decedent is said to have died intestate, and his property passes by statutes called the laws of intestacy. hus you will also see the phrase “transfers by will or intestacy”.

this booklEt is intEndEd to hElp you With thrEE dutiEs

rEquirEd by WEst Virginia laW:

•he administration of the estate (also called the process of probating the estate).

•he iling of an inventory of ALL real estate and probate property with the County Clerk’s Oice using Form ET 6.01 (recorded with the County Clerk’s oice).

•he iling of an inventory of nonprobate personal property with the County Clerk’s Oice using Form ET 6.02 (not recorded with the County Clerk’s oice).

Beginning the legal process to settle the business and personal afairs of a decedent involves a series of steps, outlined below and explained in detail in this booklet:

STEp 1

rEAD ThESE INSTruCTIONS.

STEp 2

COmpLETE ApprAISEmENT FOrm ET 6.01.

STEp 3

COmpLETE NONprOBATE INVENTOry FOrm ET 6.02 (IF rEquIrED).

STEp 4

mAIL Or DELIVEr ThE FOrmS TO ThE prOpEr AuThOrITIES

a more detailed look at these four steps begins on the next page.

WV Estate Appraisement and Nonprobate Inventory – Forms and Instructions – page 1

stEp 1: rEad thEsE instruCtions For Filing Form Et 6.01 and Form Et 6.02.

you should read these introductory instructions completely before beginning any work on the forms. you will notice references to other speciic instructions that also must be understood before completing related parts of the forms.

To qualify as iduciary, a person must visit the oice of the Clerk in the courthouse of the county where the decedent lived. Any person who has an interest may administer the estate. however, the husband or wife of the decedent is given preference and then other distributees (others who are entitled to a share of the estate) are considered. If no distributee applies within thirty days after the date of death, one or more creditors or any other person may be appointed. If there is a will that names an executor, then the named person has the right to serve. In any event, the Clerk is the irst person to visit, and he or she will determine who can qualify as iduciary.

his booklet is designed to help the iduciary administer the estate and ile the Appraisement and Nonprobate Inventory Forms. he iduciary is required under oath to list and appraise on the enclosed Appraisement Form (ET 6.01) all nonprobate and probate real estate and all other probate assets owned by the decedent at its fair market value on the date of the decedent’s death. he iduciary is required to complete the Appraisement and return the original and two (2) copies thereof (with all attachments) to the Clerk within 90 days of qualiication. he original Appraisement, and its attachments, must be recorded by the Clerk.

For every decedent who owned or had an interest in any nonprobate personal property, the iduciary shall, under oath, list and appraise on the enclosed Nonprobate Inventory Form (ET 6.02), all tangible and intangible nonprobate personal property owned by the decedent or in which the decedent had an interest, at its fair market value on the date of the decedent’s death. If a Nonprobate Inventory Form (ET 6.02) is required to be iled, the iduciary must complete the form and return the original to the Clerk within 90 days of qualiication.

stEp 2: ComplEtE Form Et 6.01

part 1: general information Questionnaire. his information is used to establish that an estate actually does exist, and to provide the information necessary for the Clerk and the State Tax Department to process the appraisement, determine if the estate is subject to Estate Tax, and approve the inal distribution and closing of the estate.

Question instructions for form et 6.01

ABe sure to include the decedent’s complete name. Any other names by which the decedent was known should be shown after the complete name.

CBe sure to write the date of death as shown on the decedent’s death certiicate.

D-F For the purpose of completing the appraisement, these sections should show the decedent’s domicile at the time of his death. In the event death occurred in a hospital or nursing home, the decedent’s domicile would be the

address to which he would return if released from the care facility.

Ihe Internal revenue Service requires the iling of a Federal Estate Tax return (Form 706) for the estate of every citizen of the united States whose gross estate at the time of death was larger than the amount of the federal exemption equivalent. he exemption equivalents are:

year of death

Exemption Equivalent

2004 through 2005

$1,500,000

2006 through 2008

$2,000,000

2009

$3,500,000

2010 through 2011

$5,000,000

2012

$5,120,000

2013

$5,125,000

2014

$5,340,000

 

 

For further information concerning federal estate tax requirements, contact your local IrS oice or call their toll-free number 1-800-829-1040.

L & m Be sure to provide the complete mailing address and phone number for both the iduciary and preparer. If the address or phone number shown is incorrect or incomplete, it may be diicult to contact you if additional information is necessary to process the appraisement.

part 2: Questionnaire of nonprobate real estate. Nonprobate real estate includes any real estate that does not pass by the will or the laws of intestacy. his includes real estate jointly held with right of survivorship, real estate held under a trust agreement or contract, life estates, or powers of appointment. his real estate passes directly to the speciied persons at the date of death according to these speciic terms and thus is not subject to administration, but is included in the gross estate for estate tax purposes. If there is any nonprobate real estate, additional information is required to be furnished as part of the appraisement to fully describe the transfer, including the type of transfer, recipient and relationship to the decedent, and the description and value (as of the date of death) of the transferred property. he Inventory of Nonprobate real Estate is included with this booklet for your convenience. he appraisement is incomplete if the iduciary fails to include this information. also, you must provide the description of all out of state real estate, including the appraised value.

Note: Oil, gas, coal and other natural resource holdings are considered as real estate for the purpose of this inventory. hese holdings should be listed either on part 2 as nonprobate real estate, or on Schedule A of part 4 as probate real estate.

part 3: summary of probate assets. All probate assets (assets in decedent’s name only) must be on record at the Clerk’s oice prior to being transferred to the heir or beneiciary. his property will be transferred under the terms of the decedent’s will, or under the laws of intestacy if the decedent died without a will. until the assets are transferred, they are required to be managed (administered) by the iduciary. probate assets are to be described

WV Estate Appraisement and Nonprobate Inventory – Forms and Instructions – page 2

in detail in part 4 of the appraisement; the total value of each type of property will then be entered in part 3.

part 4: inventory of probate assets. A complete description of ALL probate assets is to be provided in part 4. real property should include the description used on the real property tax tickets as to county, district, and physical location and description of the property. he personal representative must list the value of each probate asset at the date of the decedent’s death. Total the values of all property shown in each schedule of part 4 and enter the total on the appropriate line of part 3 (Summary of probate Assets).

sChEdulE a: INCLuDE the clear legal description of any rEAL ESTATE. he description must provide suicient information to identify the property and include, where applicable, the county, district and lot size (number of acres). Include the assessed value of the real estate as shown on the decedent’s property tax receipt. If the decedent has been given the homestead Exemption, the full assessed value (without the deduction for homestead Exemption) must be shown. Include the full appraised value of the decedent’s interest in the real estate. When the decedent owned a fractional interest, list the full value of only his or her share (for example “½ interest $000.00). he appraised value must be the mArKET VALuE as of the date of death. market value is deined as the price a willing buyer would pay willing seller for the property. his value must be used regardless of whether the property will be kept or sold by the beneiciaries. he date the property was acquired by the decedent should also be shown. also, you must provide the description of all out of state real estate, including the appraised value.

Note: Oil, gas, coal and other natural resource holdings are considered as real estate for the purpose of this inventory. hese holdings should be listed on Schedule A of part 4 as probate real estate, or on part 2 as nonprobate real estate.

IF ThE DECEDENT OWNED rEAL ESTATE IN mOrE ThAN ONE COuNTy, an appraisement containing the description of the property must be iled in each county where real estate is located. he various counties should all be listed in part 1: General Information questionnaire (question h).

sChEdulE b: INCLuDE the type and market value of all TANGIBLE pErSONAL prOpErTy. Tangible personal property consists of assets which you can touch, that is, which can be possessed physically, including goods, wares, merchandise, furniture, personal efects, and automobiles.

sChEdulE C: INCLuDE all bonds and securities OThEr than corporate stock, the date of purchase and market value as of the date of death.

sChEdulE d: INCLuDE corporate stock of every kind. List the name of the company, the number of shares, value per share and the total market value of the decedent’s interest as of the date of death. place a check mark in the “CLOSELy hELD” column if the corporation is NOT listed on a stock exchange.

sChEdulE E: INCLuDE any intangible personal property (cash, bank accounts, certiicates of deposit, notes, accounts receivable, etc.) owned by the decedent. Show a description of the property and include the market value as of the date of the decedent’s death.

sChEdulE F: INCLuDE any other assets by the decedent at the time of death EXCEpT those reported on the NONprOBATE INVENTOry FOrm (ET 6.02) of the estate. If the decedent had life insurance policies payable to the estate (rather than to individual beneiciaries), they must be included on this schedule.

part 5: beneiciaries. A complete list of the individuals who will inherit under the terms of the will, or through the laws of intestacy, is required. he relationship of each recipient to the decedent must also be provided.

part 6: oath of fiduciary. his oath must be completed in the presence of a notary. It is a sworn statement that the iduciary has made every efort to completely list and describe the assets of the estate. he signature of the iduciary and the notary must be aixed to the original appraisement. An appraisement which does not have original signatures will not be accepted by the Clerk. After completion of this oath, the iduciary must obtain two (2) complete copies and deliver the appraisements to the proper authorities, who will complete the remaining parts.

part 7: approval of fiduciary Commissioner/fiduciary supervisor. he Fiduciary Commissioner or Fiduciary Supervisor will complete and sign the appraisement in this section after he determines it to be accurate and complete.

part 8: Clerk of the County Commission. he Clerk will complete this section when the appraisement is recorded.

stEp 3: ComplEtE Form Et 6.02 (iF rEquirEd). For every decedent who owned or had an interest in any nonprobate personal property, the iduciary shall, under oath, list and appraise on the enclosed Nonprobate Inventory Form (ET 6.02), all tangible and intangible nonprobate personal property owned by the decedent or in which the decedent had an interest, at its fair market value on the date of the decedent’s death. he nonprobate personal property to be included on the Nonprobate Inventory Form includes: 1) personal property held as joint tenants with right of survivorship; 2) personal property payable on death to others; 3) personal property held by the decedent as a life tenant; 4) life insurance to named beneiciaries; 5) powers of appointment; 6) annuities; 7) transfers during the decedent’s life; 8) transfers in trust; 9) taxable gifts; and 10) all other nonprobate personal property includible in the federal gross estate of the decedent.

he iduciary is required to make the Nonprobate Inventory Form available for inspection by or disclosure to: 1) any heir at law or beneiciary under the will; 2) a creditor who has timely iled a claim against the estate with the iduciary commissioner or iduciary supervisor; 3) any party who has iled a civil action in any court of competent jurisdiction in which any assets of the decedent is in issue; or 4) the attorney for the estate or its personal representative or the attorney-in-fact duly authorized by any of the aforementioned persons.

part 1: general information Questionnaire. Be sure to complete the General Information questionnaire of the NONprOBATE INVENTOry FOrm. his information should be the same as reported on the Appraisement.

part 2: Questionnaire of nonprobate personal property. Answer each question in this summary. If a question does not

WV Estate Appraisement and Nonprobate Inventory – Forms and Instructions – page 3

apply to the decedent, mark the “NO” box and enter zero for the market value for that line. For any “yES” answer, remember to complete part 3, Inventory of Nonprobate personal property. Be sure to enter the total of ALL nonprobate personal property on line 11 of part 2.

part 3: inventory of nonprobate personal property. For each “yES” answer in part 2, you must provide in part 3 the property description, the name(s) of the person(s) receiving the property and their relationship to the decedent, and the fair market value at the date of death.

part 4: oath of fiduciary. his oath must be completed in the presence of a notary. It is a sworn statement that the iduciary has made every efort to completely list and describe the assets of the estate.

stEp 4: mail or dEliVEr thE Forms to thE propEr authoritiEs

in counties where there is a fiduciary supervisor, the iduciary must deliver an original completely executed appraisement and two (2) copies thereof (including any attachments) to the Fiduciary Supervisor. he Fiduciary Supervisor will in turn deliver an original and one (1) copy of the appraisement to the Clerk’s oice after completing part 7. After completing part 8, the Clerk will admit the original appraisement (and its attachments) to record.

incountieswherethereisnofiduciarysupervisor,theiduciary must deliver an original completely executed appraisement and two (2) copies thereof (including any attachments) to the Clerk’s oice. After completing part 8, the Clerk will admit the original appraisement (and its attachments) to record and forward one

(1)copy of the appraisement to the Fiduciary Commissioner (if reference to a Fiduciary Commissioner is required).

he Fiduciary Commissioner or Fiduciary Supervisor cannot assist you in the preparation of a tax return (if one is required) or of any other report on which he must eventually pass judgment. he is also prohibited from practicing law in connection with an estate that has been referred to him (West Virginia Code

§42-3A-38 and §44-3-4).

he following statements and deinitions are provided to help you understand the questions asked on Form ET 6.01 and Form 6.02.

power of appointment is authority conferred by one person (called the “donor”) by deed or will upon another (called the “donee”) to select the person who is to receive and enjoy real or personal property after the death of the donor or the donee, or after the termination of an existing right or interest.

gifts made Within hree years prior to date of death may be presumed to have been made in contemplation of death and must be listed.

life Estate means the decedent during his lifetime transferred real property by deed, grant, sale or gift but reserved an interest in the property for the remainder of his lifetime. If the recipient did not pay an appropriate consideration for the transfer of the remainder interest, the entire date of death value must be listed for estate tax purposes. If the decedent was granted a life estate or dower interest in real property, the life estate or dower interest expires at death and has no value for estate tax purposes. however, this property should still be listed to clear title.

right of survivorship means that the decedent’s share of the property automatically goes to the remaining owner(s) after his death. he entire market value of survivorship property must be listed with no exclusions or deductions.

payable on death means an asset owned by the decedent which is paid to another at the time of the decedent’s death.

If the decedent transferred assets to a trust during his lifetime, a complete inventory (with the market values) of the assets must be included.

Transfers due to the terms of an annuity, investment contract, or pension plan payable on account of death to named beneiciaries, or to a trust for the beneit of any individual must be listed. he value listed should be the date of death lump sum value of the annuity, available by contacting the sponsoring company.

IF yOu hAVE quESTIONS, INFOrmATION rEGArDING SpECIFIC CIrCumSTANCES IS AVAILABLE FrOm ThE CLErK OF ThE COuNTy COmmISSION, FIDuCIAry COmmISSIONEr, Or FIDuCIAry SupErVISOr. yOu mAy ALSO NEED TO CONTACT AN ATTOrNEy, ACCOuNTANT Or TruST OFFICEr FOr mOrE INFOrmATION.

WV Estate Appraisement and Nonprobate Inventory – Forms and Instructions – page 4

Form ET 6.01

ApprAisement of the estAte

Rev. 06/14

for DeceDents Dying on or After July 13, 2001

 

 

pArt 1: generAl informAtion QuestionnAire

A. Decedent’s Name

B. Social Security Number

C. Date of Death

D. Decedent’s Residence at Death

E. State

F. County

G. Marital Status at Death

Name of Surviving Spouse

Married

 

Single, Widow(er) or Divorced

 

H. West Virginia Counties Where Decedent Held Real Estate.

I. Will this estate be required to ile a Federal Estate Tax Return form 706 (see instructions on page 2)?

YES

NO

 

 

 

J. Will this estate be required to ile the nonprobate inventory form et 6.02 (see instructions on page 3)?

YES

NO

 

 

 

K. Did the Decedent leave a Will?

YES

NO

L. Fiduciary’s Name and Mailing Address (include zip code)

________________________________________________

________________________________________________

________________________________________________

________________________________________________

Fiduciary’s Phone Number:

M. Preparer’s Name and Address CPA Attorney

________________________________________________

________________________________________________

________________________________________________

________________________________________________

Preparer’s Phone Number:

pArt 2: QuestionnAire of nonprobAte reAl estAte

Answer each of the following questions concerning the decedent’s interest in NONPROBATE REAL ESTATE.

if you answer “yes” to any question below, you must complete the attached inventory of nonprobate real estate provided with this form which shows:

a.the type of transfer(s) with reference to the question number below;

b.name(s) of the person(s) with an interest in the real estate as joint tenant or transferee;

c.relationship to the decedent of ALL above named persons;

d.market value at the date of death; and

e.description of the real estate including assessed value.

 

 

 

 

mArket VAlue

1.

Did the decedent own an interest in any real estate as joint tenant with right of survivorship?

YES

NO

1

2.

Did the decedent transfer an interest in any real estate without adequate consideration within three years prior to

 

 

 

 

date of death?

YES

NO

2

3.

Did the decedent own an interest in any real estate in an inter vivos trust (living trust) arrangement or in which the

 

 

 

 

decedent retained the right of use and enjoyment?

YES

NO

3

4.

Did the decedent own an interest in any real estate in which the decedent retained a power of appointment,

 

 

 

 

whether special or general?

YES

NO

4

5.

Did the decedent own an interest in any real estate as a life estate including a dower interest?

YES

NO

5

6.

ToTal value of nonprobaTe real esTaTe (add lies 1 through 5 above)

 

6

pArt 3: summAry of probAte Assets

 

 

 

Complete PART 4 irst. Enter the total from each schedule of PART 4 on the appropriate line below.

mArket VAlue

1.

Schedule A: Real estate or any interest therein

 

1

2.

Schedule B: Tangible personal property of every kind

 

2

3.

Schedule C: Government bonds and securities of every kind

 

3

4.

Schedule D: Shares of corporate stock of every kind

 

4

5.

Schedule E: Money, certiicates of deposit, notes, accounts, etc

 

5

6. Schedule F: All other assets not hereinbefore mentioned

 

6

7. ToTal value of probaTe asseTs (add lines 1 through 6 above)

 

7

Form ET 6.01

West Virginia State Tax Department

Page 1

pArt 4: inVentory of probAte Assets – trAnsfers by Will or intestAcy After completing PART 4, enter the total from each schedule on the appropriate line in PART 3.

scheDule A: Describe any real estate or any interest in real estate. Include description and appraised value of out of state property, but do not include this amount in the total. See page 3 of the instructions.

AssesseD

VAlue

ApprAiseD

VAlue

totAl (enter the total appraised value on line 1 of PART 3)

scheDule b: Tangible personal property of every kind. See page 3 of the instructions.

ApprAiseD

VAlue

totAl (enter the total appraised value on line 2 of PART 3)

scheDule c: Bonds and securities of every kind. See page 3 of the instructions.

ApprAiseD

VAlue

totAl (enter the total appraised value on line 3 of PART 3)

Form ET 6.01

West Virginia State Tax Department

Page 2

pArt 4 (continued)

scheDule D: Corporate stock of any kind. See page 3 of the instructions.

nAme of the compAny

closely

helD

number

of shAres

mArket VAlue

per shAre

totAl

mArket VAlue

totAl (enter the total market value on line 4 of PART 3)

scheDule e: Money, bank accounts, certiicates of deposits, notes, accounts receivable, etc. Show dates of notes. See page 3 of instructions.

ApprAiseD

VAlue

totAl (enter the total appraised value on line 5 of PART 3)

scheDule f: All other assets, not hereinbefore mentioned, including insurance payable to the estate. See page 3 of the instructions.

ApprAiseD

VAlue

totAl (enter the total appraised value on line 6 of PART 3)

Form ET 6.01

West Virginia State Tax Department

Page 3

pArt 5: beneficiAries. List the names and relationships of all beneiciaries or heirs of the estate. Show the age of any life tenant after their name. See page 3 of the instructions.

beneficiAry or heir

relAtionship

beneficiAry or heir

relAtionship

pArt 6: oAth of fiDuciAry

State of _______________________________________ County of ______________________________________, To-wit:

I, __________________________________, iduciary for the estate of __________________________________________

after diligent effort to ascertain the taxable property of this estate, have made answers to each of the questions and have completed, in detail, the schedules for each category of property and believe each item thereof to be correct. I thereby believe the foregoing to be the true and lawful appraisement of ALL real estate and probate property of the estate of the above named decedent.

___________________________________________________________

Fiduciary

Subscribed and sworn to before me this ____________ day of _______________________, 20________

___________________________________________________________

Notary Public

My Commission expires _________________, 20________

pArt 7: ApproVAl of fiDuciAry commissioner/fiDuciAry superVisor

I, ________________________, Fiduciary Commissioner/Fiduciary Supervisor of ___________________________ County,

West Virginia, to whom the estate of the above named decedent was referred, do hereby approve the foregoing appraisement of such estate.

Given under my hand this ___________ day of _________________________, 20______________

________________________________________________

By ______________________________________________

Fiduciary Commissioner/Fiduciary Supervisor

Deputy

pArt 8: clerk of the county commission

STATE OF WEST VIRGINIA

COUNTY OF _________________________________, To-wit:

In the Clerk’s ofice of _____________________ County on the ________ day of ______________________, 20__________,

the forgoing appraisal of the above named decedent was presented and upon motion admitted to record. Attest___________________________________________, Clerk

By____________________________________________, Deputy

Form ET 6.01

West Virginia State Tax Department

Page 4

Decedent’s Name: ____________________________________________________________________________________________

inVentory of nonprobAte reAl estAte

If you answered “YES” to any question under PART 2: QUESTIONNAIRE OF NONPROBATE REAL ESTATE, show the following on this page:

a.the type of transfer(s) with reference to the question number in PART 2;

b.name(s) of the person(s) with an interest in the real estate as joint tenant or transferee;

c.relationship to the decedent of ALL above named persons;

d.market value at the date of death; and

e.description of the real estate including assessed value.

Form ET 6.01

West Virginia State Tax Department

Page 5

Form ET 6.02

nonprobAte inVentory of the estAte

Rev. 06/14

for DeceDents Dying on or After July 13, 2001

 

 

pArt 1: generAl informAtion QuestionnAire

A. Decedent’s Name

B. Social Security Number

C. Date of Death

D. Decedent’s Residence at Death

E. State

F. County

G. Marital Status at Death Married

Name of Surviving Spouse _________________________ Single, Widow(er) or Divorced

H. Fiduciary’s Name and Mailing Address (include zip code)

________________________________________________

________________________________________________

________________________________________________

________________________________________________

Fiduciary’s Phone Number:

I. Preparer’s Name and Address CPA Attorney

________________________________________________

________________________________________________

________________________________________________

________________________________________________

Preparer’s Phone Number:

pArt 2: QuestionnAire of nonprobAte personAl property

Answer each of the following questions concerning the decedent’s interest in NONPROBATE PERSONAL PROPERTY. Nonprobate personal property means all property which does not pass by operation of the decedent’s will or by the laws of intestate descent and distribution or is otherwise not subject to administration in a decedent’s estate.

Note: All real estate and probate property are to be reported on the Appraisement of the Estate (ET 6.01) iled with the County Commission.

if you answer “yes” to any question below, you must complete pArt 3 of this form which shows:

a.the type of transfer(s) with reference to the question number below;

b.name(s) of the person(s) with an interest in the property as joint tenant or transferee;

c.relationship to the decedent of ALL above named persons;

d.market value at the death; and

e.description of the property.

mArket VAlue

1.

Did the decedent possess any powers of appointment?

YES

NO

1

2.

Did the decedent make any gifts or transfers without adequate consideration within three years prior to the date

 

 

 

 

of death?

YES

NO

2

3.

Did the decedent make any transfers in Trust which passed to others upon his death?

YES

NO

3

4.

Did the decedent own any stock, bonds, bank accounts, certiicates of deposit or other personal property as a

 

 

 

 

joint tenant with the right of survivorship?

YES

NO

4

5.

Did the decedent own any life insurance policies to named beneiciaries?

YES

NO

5

6.

Did the decedent own any annuities?

YES

NO

6

7.

Did the decedent own an interest in any personal property as a life tenant?

YES

NO

7

8.

Did the decedent own any personal property which was payable on death to others?

YES

NO

8

9.

Did the decedent ile any Federal Gift Tax Returns with the IRS or make any taxable gifts under Federal Gift Tax

 

 

 

 

law or regulations?

YES

NO

9

10. Did the decedent own any other nonprobate personal property includible in the federal gross estate of

 

 

 

 

a decedent?

YES

NO

10

11. ToTal value of nonprobaTe personal properTy (add lines 1 through 10 above)

 

11

Form ET 6.02

West Virginia State Tax Department

Page 1
Download West Virginia Estate PDF

Form Specifications

Fact Detail
Implementation Date For decedents dying on or after July 13, 2001
Purpose To assist in filing the Appraisement and Nonprobate Inventory Forms for estates
Requirement for Estate Representatives Administration of the estate, including filing of inventory forms within 90 days of qualification
Definition of Estate Incorporates both real estate and probate property the decedent owned
Fiduciary Responsibility Required to list and appraise probate and nonprobate assets at fair market value as of the decedent's death date
Governing Laws for Intestate Succession West Virginia laws on intestacy dictate property distribution in the absence of a will
Federal Estate Tax Applicable based on gross estate value with exemption equivalents varying by year of death
Recording Requirement Original appraisement and its attachments must be recorded by the Clerk
Governing Body West Virginia State Tax Department, Tax Account Administration Division

Guide to Filling Out West Virginia Estate

When a loved one passes away, managing their final affairs can be a daunting process, especially during a time of grief. In West Virginia, the Estate Appraisement and Nonprobate Inventory form plays a crucial role in this process. It is designed to ensure all property owned by the deceased is accounted for and correctly processed according to the state’s laws. This document makes it possible to administer the estate by listing all probate and nonprobate assets, thus paving the way for the resolution of debts and the distribution of the remaining property to the rightful heirs. The following instructions aim to simplify the steps required to fill out this necessary form.

  1. Read the provided instructions for filling out Form ET 6.01 and Form ET 6.02 thoroughly before starting. Familiarizing yourself with these guidelines will help you understand the specifics of each part of the form and the overall process.
  2. Complete Form ET 6.01:
    • Part 1: Provide general information about the decedent and the fiduciary/administrator handling the estate.
    • Part 2: If applicable, fill out the questionnaire regarding nonprobate real estate the decedent owned.
    • Part 3: Summarize probate assets by entering totals from each schedule in Part 4.
    • Part 4: List all probate assets in detail, including real estate, tangible personal property, bonds, securities, and other assets.
    • Schedules A-F: Provide specifics about each type of asset as instructed, including legal descriptions, market values, and names of beneficiaries.
    • Part 5: List all beneficiaries of the estate, including their relationship to the decedent.
    • Part 6: The fiduciary must take an oath in the presence of a notary, affirming the accuracy and completeness of the listing.
    • Parts 7 & 8: These sections are for use by the Fiduciary Commissioner/Fiduciary Supervisor and the Clerk of the County Commission, respectively, and will be completed by them after you submit the form.
  3. If required, complete Form ET 6.02 for nonprobate inventory, detailing all nonprobate personal property and the corresponding beneficiaries.
  4. Mail or deliver the completed forms to the proper authorities. In counties with a fiduciary supervisor, submit the original and two copies of the appraisement to the Fiduciary Supervisor. Elsewhere, submit them to the Clerk’s office. Ensure all parts requiring official use are left blank for completion by the appropriate office.

By following these steps with care and attention to detail, you will successfully fulfill your duty as an estate representative. Navigating this process does not only fulfill a legal requirement but also honors the decedent's legacy by ensuring their assets are distributed according to their wishes or the laws of intestacy. Should you have specific questions or encounter unique circumstances, consulting with an attorney, accountant, or the Clerk of the County Commission may provide additional guidance.

Things You Should Know About West Virginia Estate

What is the purpose of the West Virginia Estate Appraisement and Nonprobate Inventory Forms?

These forms are utilized for settling the estate of a decedent (person who has passed away) in West Virginia. They are required to appraise and inventory the estate's assets, including real estate and personal property, whether it's subject to probate or not. The process ensures the decedent's debts are paid and the remaining property is distributed according to the law or the decedent's will.

Who needs to file these forms in West Virginia?

Anyone appointed as an executor or administrator of a decedent's estate must complete and file these forms. This includes cases where the individual passed away with a will (testate) or without a will (intestate). The aim is to make a comprehensive list of the estate's assets and their fair market value for proper administration and tax purposes.

What is the deadline for filing the West Virginia Estate Appraisement and Nonprobate Inventory Forms?

The executor or administrator of the estate must submit these forms within 90 days of their official appointment as the fiduciary of the estate. This deadline helps to expedite the estate settlement process and ensures timely distribution of the assets to the heirs and beneficiaries.

What is the difference between probate and nonprobate property?

Probate property includes assets that were solely in the decedent's name and require formal administration to transfer ownership. Nonprobate property bypasses the probate process and transfers directly to the designated beneficiaries. Examples include joint property with the right of survivorship, life insurance policies with named beneficiaries, and assets held in a trust.

Where do I file the completed forms?

In West Virginia, the completed forms must be submitted to the office of the Clerk of the County Commission in the county where the decedent was domiciled (their legal residence) at the time of death. If real estate is located in more than one county, additional steps may be necessary to address assets in those areas.

Is there a penalty for filing the forms late?

While specific penalties are not detailed in the summary provided, late filings can delay the estate settlement process. This can result in additional interest on unpaid estate debts and potentially impact the timely distribution of assets to heirs and beneficiaries. It's essential to adhere to the 90-day filing requirement to avoid such complications.

Can I complete the forms myself, or do I need an attorney?

The forms are designed to be completed by the executor or administrator. However, due to the complexities of estate law and taxation, it may be advisable to consult with an attorney, accountant, or trust officer, especially for larger or more complicated estates. This professional advice can ensure that the estate is settled correctly and in compliance with West Virginia laws.

What happens after I submit the forms?

After submission, the forms will be reviewed by the County Clerk's office or a Fiduciary Supervisor, if designated. The information will be used to process the appraisement, determine any applicable estate taxes, and facilitate the orderly distribution of the estate's assets. The executor or administrator may be contacted if additional information or corrections are needed.

Are these forms part of the public record?

Yes, the Appraisement Form (ET 6.01), along with its attachments, is recorded by the County Clerk and becomes part of the public record. This allows interested parties to inspect the estate's appraised assets. The Nonprobate Inventory Form (ET 6.02), however, is submitted to the Clerk but is not recorded, maintaining some level of privacy for the nonprobate assets.

Common mistakes

Filling out the West Virginia Estate Appraisement and Nonprobate Inventory Forms is a vital step in the estate administration process that requires accuracy and attention to detail. However, individuals often make critical errors that can lead to significant problems down the line. Understanding and avoiding these mistakes is crucial to ensure the proper management and distribution of the decedent's estate.

Firstly, one common mistake is providing incomplete or inaccurate information in the general information questionnaire (Part 1 of Form ET 6.01). This section lays the foundation for the entire process by collecting essential details about the decedent and the estate. Errors or omissions here can lead to delays and complications. For example, failing to list all counties where the decedent owned real estate can result in incomplete appraisement and potential legal issues concerning property distribution.

Another frequent error occurs in the appraisement of nonprobate and probate assets. Executors or administrators sometimes undervalue or omit assets, intentionally or accidentally. This misstep not only affects the accuracy of the estate's inventory but can also have tax implications and affect the equitable distribution of assets among heirs and beneficiaries.

Thirdly, individuals often misunderstand the requirements surrounding nonprobate assets (as outlined in Form ET 6.02). Certain assets do not pass through the will but must still be reported for tax and inventory purposes. Failing to accurately report these can misrepresent the estate's total value and lead to issues with both state and federal tax authorities.

Additionally, the failure to properly list beneficiaries (Part 5 of Form ET 6.01) is a critical error that can significantly delay the probate process. Without clear identification of heirs and their relationship to the decedent, it becomes challenging to distribute assets as intended. This mistake can lead to disputes among potential heirs and extended legal battles that drain the estate's resources.

Finally, overlooking the oath of fiduciary requirement (Part 6 of Form ET 6.01 and Part 4 of Form ET 6.02) is a severe mistake. This sworn statement is a legal affirmation that the executor or administrator has fully and accurately listed the estate's assets. An incorrectly completed or missing oath can invalidate the appraisement, leading to further administrative hurdles and possible legal repercussions.

To avoid these common pitfalls, individuals tasked with administering an estate should:

  1. Thoroughly review and accurately complete the general information section.
  2. Appraise all assets fairly and comprehensively to ensure a complete inventory.
  3. Understand the difference between probate and nonprobate assets and report each accurately.
  4. Clearly identify all beneficiaries and their relationship to the decedent.
  5. Complete the oath of fiduciary accurately and have it properly notarized.

These steps, while requiring care and attention to detail, will help to ensure that the estate is administered correctly and in accordance with West Virginia laws, ultimately respecting the wishes of the decedent and providing for the fair distribution of assets.

Documents used along the form

When handling the affairs of someone who has passed away in West Virginia, the process requires more than just the West Virginia Estate Appraisement & Nonprobate Inventory forms. A well-prepared estate plan includes several other essential documents, which help ensure that the decedent's final wishes are honored and the estate is settled smoothly. Both probate and non-probate assets need careful attention, and various forms are used to accurately appraise assets, settle debts, and distribute what the deceased owned. Knowing these forms and documents can provide clarity and ease during a challenging time.

  • Will: A legal document detailing how a person's assets and property should be distributed after their death. The will also names an executor, the person responsible for carrying out its terms.
  • Trust Documents: These outline the management and distribution of assets placed in a trust, avoiding probate for these assets. Trusts can specify terms for distribution which might not be as easily detailed in a will.
  • Death Certificate: A government-issued document certifying the death's date, location, and cause. It is required for many transactions after death, including claiming life insurance and handling estate matters.
  • Life Insurance Policies: Documents outlining the coverage of an individual’s life insurance, which beneficiaries need to claim the policy benefits.
  • Power of Attorney Documentation: Indicates who was designated to make decisions on behalf of the individual prior to their death, which can affect how certain pre-death matters are settled.
  • Beneficiary Designations: Forms that list beneficiaries for specific assets, such as retirement accounts and life insurance policies, which bypass the will and are not subject to probate.
  • Letter of Administration: Issued by a probate court to appoint someone to manage and distribute an estate when there is no will (intestacy).
  • Federal and State Tax Returns: Necessary for filing final personal income taxes for the deceased, as well as possibly estate taxes, depending on the size and complexity of the estate.
  • Real Estate Deeds: Legal documentation proving ownership of property, which needs to be transferred to the living beneficiaries or heirs.
  • Vehicle Titles: Similar to real estate deeds, these documents prove ownership of vehicles and need to be transferred after death.

Understanding and gathering these documents early in the estate administration process can ease the burden on estate executors and beneficiaries. Each plays a vital role in ensuring properties and assets are rightfully distributed and that the decedent’s wishes are fulfilled. Executors and family members should consider consulting with legal and financial professionals to navigate the complexities of estate settlement and ensure compliance with both state and federal laws.

Similar forms

The West Virginia Estate Appraisement & Nonprobate Inventory Forms bear resemblance to the IRS Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, in multiple aspects. Similar to Form 706, the West Virginia forms require the fiduciary to report the total value of the decedent’s estate, including both probate and nonprobate assets, at fair market value as of the decedent's date of death. Both forms are instrumental in the initial steps of estate administration, aimed at determining the estate's tax obligations. This alignment in purpose and content underscores the forms' mutual objective of estate valuation for taxation purposes.

Another document akin to the West Virginia Estate forms is the Inventory of Decedent’s Estate generally used in probate court proceedings. This document, much like the West Virginia forms, requires an itemized listing of all assets within the estate. It includes both real and personal property but extends to detail the decedent's probate assets specifically. The key similarity lies in their mutual goal of providing a comprehensive overview of the estate’s assets to ensure proper management and distribution to heirs and beneficiaries, in accordance with the law.

The Last Will and Testament closely relates to the West Virginia Estate forms as well. While the Last Will serves as a directive for the distribution of the decedent’s estate to their chosen beneficiaries, the Appraisement and Nonprobate Inventory Forms facilitate the administration of these wishes by listing all assets included in the estate. Therefore, both documents are crucial in the estate planning and probate process, each serving complementary roles in ensuring the decedent's wishes are fulfilled in regard to asset distribution.

The Trust Agreement document is also similar to the West Virginia forms, particularly when it comes to managing and distributing the assets of a trust. Trust agreements specify how assets held within a trust should be handled, much like the Appraisement and Nonprobate Inventory Forms detail assets within an estate. While the trust agreement applies to assets placed into a trust, possibly avoiding probate, the West Virginia forms catalog both probate and nonprobate assets, including those in trusts, for estate and possibly tax purposes, reflecting their unified aim of asset management.

Lastly, the Financial Power of Attorney (POA) document, which authorizes an agent to make financial decisions on behalf of the principal, shares similarities with the West Virginia Estate forms in terms of fiduciary duty. Although the scope of a POA is broader and may not be solely focused on the event of death, it does involve managing and accounting for an individual's assets, akin to how an executor or administrator accounts for the decedent’s assets through the estate forms. Both roles require a high level of trust and responsibility in managing another's assets.

Dos and Don'ts

When managing the documentation related to a decedent's estate in West Virginia, certain practices can streamline the process and help avoid common pitfalls. Below is a compiled list of do's and don'ts when filling out the West Virginia Estate Appraisement and Nonprobate Inventory Forms.

Do:
  • Read the instructions carefully before filling out forms ET 6.01 and ET 6.02. Understanding the requirements can significantly reduce errors.
  • Ensure that all information is accurate and complete, especially the decedent’s personal information and the details related to the estate’s assets.
  • Include all required attachments and documents when submitting the forms. Missing documents can cause delays.
  • Consider consulting with a professional, such as an attorney or accountant, if you have questions or need guidance on specific circumstances related to the estate.
  • Keep original receipts and records of all submissions and correspondence related to the estate’s appraisement and inventory.
  • Visit the office of the Clerk in the courthouse of the county where the decedent lived to qualify as a fiduciary, if applicable.
  • Ensure that the fiduciary signs the oath in the presence of a notary, affirming the completeness and accuracy of the estate’s listed assets.
  • Include a complete list of beneficiaries, detailing their relationship to the decedent, as required in part of the appraisement process.
  • List all assets, including nonprobate and probate, at their fair market value as of the date of the decedent’s death.
  • Deliver the original forms and required copies to the proper authorities within the specified timeframe.
Don't:
  • Avoid guessing on asset values; use appraisals or fair market values when possible to ensure accuracy.
  • Do not omit any assets, regardless of how insignificant they may seem. All assets should be reported for a thorough estate evaluation.
  • Avoid procrastination. Do not wait until the last minute to begin the appraisement and inventory process since this can lead to rushed mistakes.
  • Do not ignore tax implications. Be aware of the requirement to file a Federal Estate Tax return if applicable.
  • Do not forget to list all out-of-state real estate owned by the decedent in the appraisement.
  • Avoid failing to include nonprobate assets on Form ET 6.02, which requires their separate listing.
  • Do not disregard the legal descriptions of real estate. These must be clear and complete for proper recording.
  • Do not overlook the importance of listing life insurance policies payable to the estate or other similar assets.
  • Avoid submitting incomplete forms. An incomplete submission can cause delays and may require resubmission.
  • Do not ignore deadlines for filing the inventory and appraisement forms. Timely submission is crucial to meeting legal obligations.

Misconceptions

When dealing with West Virginia Estate forms, it's crucial to dispel some common misconceptions that people often have. So, let's clarify some of these misunderstandings to ensure that anyone going through the process can do so with the right set of expectations and knowledge.

  • Misconception 1: The process is straightforward and doesn't require legal or professional advice. While the forms and accompanying instructions aim to guide individuals through the process, the reality is more complex. The administration of an estate involves various legal and financial considerations, especially for sizable estates or those with nonprobate assets. Professional advice from an attorney or an accountant is often necessary to navigate the intricacies of estate laws and tax implications effectively.

  • Misconception 2: Filing the Nonprobate Inventory Form (ET 6.02) is optional. Many believe that completing and filing the Nonprobate Inventory Form is at their discretion. However, this form is a requirement for estates with nonprobate assets, such as jointly owned properties or life insurance policies where the decedent was the policyholder, and beneficiaries are named. It's a crucial step in ensuring all assets are accounted for and properly transferred, helping avoid potential legal complications.

  • Misconception 3: Once the forms are filed, the responsibility of the executor or administrator ends. Filing the required documents with the appropriate authorities marks the beginning, not the end, of their duties. Executors or administrators must manage the estate’s assets, pay off debts, and distribute the remaining property according to the will or state laws. This process can take months or even years, depending on the estate's complexity.

  • Misconception 4: All assets go through probate. Not all assets owned by the decedent are subject to probate. Nonprobate assets, which include jointly owned property with rights of survivorship, life insurance policies with designated beneficiaries, and assets held in trusts, bypass the probate process. Understanding which assets are probate and nonprobate is essential for accurately completing the estate forms and for the efficient administration of the estate.

  • Misconception 5: The value of assets is based on their original purchase price. For the purpose of estate administration and tax filings, assets must be appraised and listed at their fair market value as of the decedent’s date of death, not their purchase price. This valuation is crucial for assessing estate taxes and for equitable distribution among heirs and beneficiaries.

Clearing up these misconceptions is vital for anyone involved in administering an estate in West Virginia. Understanding the responsibilities, the scope of tasks, and the need for accurate valuation and reporting will help ensure the process complies with state laws and goes as smoothly as possible.

Key takeaways

Filling out and using the West Virginia Estate Appraisement & Nonprobate Inventory Forms is a crucial part of settling the affairs of a decedent in West Virginia. Here are four key takeaways to ensure accuracy and compliance:

  • Timely Submission is Crucial: Estate representatives, whether administrators (without a will) or executors (with a will), are required to file the Appraisement and Nonprobate Inventory Forms within 90 days of qualification. This strict timeline also applies to completing the final settlement in the decedent’s county of domicile. Adhering to this timeline is essential to avoid potential legal complications and ensure the smooth administration of the estate.
  • Detailed List of Assets Required: The fiduciary is responsible for listing and appraising both probate and nonprobate assets at their fair market value as of the date of the decedent’s death. This includes all real estate and personal property owned by the decedent. It's vital to be thorough and accurate in this inventory since it forms the basis for both tax assessments and the eventual distribution of the estate.
  • Understanding Probate vs. Nonprobate Assets: Differentiating between probate and nonprobate assets is critical. Probate assets are those owned solely by the decedent and are subject to estate administration. Nonprobate assets, on the other hand, include properties that bypass the probate process, such as those held in joint tenancy or designated beneficiaries on life insurance policies. Each type of asset must be reported appropriately using the specified forms (ET 6.01 for probate assets and ET 6.02 for nonprobate assets).
  • Legal Implications of Incorrect Filing: Inaccuracies or omissions in the filing can lead to legal setbacks, including delays in the settlement process, disputes among heirs, and potential penalties. It’s essential that the fiduciary comprehends each question and request for information on the forms to ensure a comprehensive and accurate filing. In cases of uncertainty, consulting with legal professionals specialized in estate planning and administration is advisable.

Understanding and adhering to the requirements set forth by the West Virginia State Tax Department when completing estate appraisement and nonprobate inventory is paramount. This not only aids in the efficient management and closure of the estate but also helps minimize the emotional and administrative strain on the decedent's beneficiaries during a challenging time.

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