Probate in West Virginia

Overview

West Virginia uses a unique probate system where the County Commission serves as the probate court, with a Fiduciary Supervisor overseeing estate administration. The state does not follow the Uniform Probate Code. West Virginia's small estate affidavit process allows estates with personal property valued at $50,000 or less to avoid formal probate, though recent legislation (HB 2867, effective July 2025) eliminates the ability to include real property in small estate proceedings.

Key Facts

• Governing Law: West Virginia Code § 41-1-1 et seq., West Virginia Small Estate Act § 44-1A-1 et seq.
• Court: County Commission (Fiduciary Supervisor)
• Small Estate Threshold: $50,000
• Typical Timeline: 6 to 12 months for standard estates; small estates can be completed in 2 to 4 months
• Follows UPC: No

What Makes West Virginia Unique

• County Commission Probate System — Unlike most states that use dedicated probate courts, West Virginia's County Commission serves as the probate court, with a Fiduciary Supervisor managing day-to-day oversight of estates.
• Fiduciary Supervisor — Each county has a Fiduciary Supervisor who reviews accountings, monitors personal representatives, and ensures proper estate administration. This provides a layer of protection for beneficiaries.
• HB 2867 Real Property Restriction (2025) — Effective July 9, 2025, estates containing any probate real property cannot use the small estate affidavit process, requiring formal probate for any estate with real estate.
• Small Estate 6-Month Deadline — Small estate administration must be completed within 6 months, though this can be extended to 12 months with approval.
• Variable Waiting Period — The waiting period for small estate affidavits is 30 days if the applicant is the nominated personal representative in the will, and 60 days otherwise or if there is no will.
• No State Estate or Inheritance Tax — West Virginia does not impose a state-level estate tax or inheritance tax, reducing the overall cost of estate administration.

Probate Process Steps

1. File application for probate with the County Commission through the Fiduciary Supervisor
2. Present the will (if any) for probate and appointment of personal representative
3. Post bond as required by the Fiduciary Supervisor
4. Publish notice to creditors in a qualified newspaper
5. File inventory and appraisement of estate assets within 60 days
6. Manage and protect estate assets during administration
7. Allow creditor claims period
8. Pay valid debts, taxes, and administrative expenses
9. File annual settlements or final settlement with the Fiduciary Supervisor
10. Distribute remaining assets to beneficiaries according to will or intestacy laws

Costs & Fees

Fee Structure: West Virginia does not have a statutory fee schedule for attorneys. Fees are typically based on reasonable compensation considering the complexity and size of the estate. The Fiduciary Supervisor reviews fees for reasonableness. Court costs and filing fees are set by statute and vary by county.

Typical Attorney Fees: $2,000 – $5,000 for simple estates; percentage-based or hourly for complex estates

Non-Lawyer Fees: $300 – $1,500 including filing fees, bond premiums, publication costs, and certified copies

Bond premiums are typically required and vary based on estate value. The Fiduciary Supervisor may require additional bond for real property. Publication costs for creditor notices vary by county newspaper rates.

Frequently Asked Questions