West Virginia Estate Form – Fill Out and Use This PDF

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:

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

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

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.

A. Decedent’s Name

B. Social Security Number

C. Date of Death

D. Decedent’s Residence at Death

E. State

F. County

H. West Virginia Counties Where Decedent Held Real Estate.

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:

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

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

ApprAiseD

VAlue

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

ApprAiseD

VAlue

nAme of the compAny

closely

helD

number

of shAres

mArket VAlue

per shAre

totAl

mArket VAlue

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

ApprAiseD

VAlue

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

ApprAiseD

VAlue

beneficiAry or heir

relAtionship

beneficiAry or heir

relAtionship

A. Decedent’s Name

B. Social Security Number

C. Date of Death

D. Decedent’s Residence at Death

E. State

F. County

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:

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

11

Question

No.

Description of property AnD trAnsfer

MARKET VALUE