West Virginia Probate Information
Quick facts
| Topic | West Virginia rule |
|---|---|
| Who handles a routine estate | A routine estate is not a court proceeding. Probate jurisdiction stays with the county commission under W. Va. Code § 7-1-3 and W. Va. Const. art. VIII, § 6. |
| Who does the day-to-day work | The elected county clerk admits the will to record, appoints the executor or administrator, and reports the action to the county commission for confirmation at its next session under W. Va. Code § 41-5-10 and § 44-1-4. |
| County-by-county system | Some counties run the article 3A fiduciary supervisor system under W. Va. Code § 44-3A-1. Other counties use the article 2 clerk-run system with referral to a fiduciary commissioner under W. Va. Code § 44-3-1. |
| Where to file | File in the county where the decedent had a mansion house or known place of residence at death. If that rule does not apply, W. Va. Code § 41-5-4 supplies additional venue tiers, and W. Va. Code § 44-1-4 applies the same location rule to an intestate estate. |
| Authority document | The county clerk issues a certificate of qualification, the document banks usually call letters testamentary when there is a will or letters of administration when there is no will. |
| Estate routes | West Virginia uses four statewide routes: small estate by affidavit under W. Va. Code § 44-1A-2, full administration in an article 2 county, full administration in an article 3A county, and ancillary filing without administration for certain nonresident real estate situations. |
| Small-estate limit | The affidavit route is limited to $50,000 of probate personal property under W. Va. Code § 44-1A-1(b)(4) and § 44-1A-2(b)(5), and since July 9, 2025 it is unavailable if the decedent owned any probate real property under W. Va. Code § 44-1A-2(a), as amended by HB 2867 (2025). |
| Filing fee | West Virginia has no statewide probate filing fee. Fees are per-document recording charges under W. Va. Code § 59-1-10, plus estate-specific charges such as the $20 notice publication fee under W. Va. Code § 44-1-14a(g), in force as read August 2026. |
| Statewide forms | There is no statewide estate form set from the Judiciary. The main statewide documents are ET 6.01 under W. Va. Code § 44-1-14, ET 6.02 under W. Va. Code § 11-11-7, the Affidavit for Small Estate printed at W. Va. Code § 44-1A-2(e), and ancillary affidavits printed in the Code. |
| E-filing | There is no electronic filing for routine estates. Estate papers are filed on paper with the county clerk; Judiciary e-filing covers appellate, circuit and family court systems, not county commission estate files. |
| Case search | There is no statewide online case search for estate files. Estate records are county commission records held by the county clerk. WVPASS is a circuit court records search and does not contain routine estate files. |
| Hearings | Most estates are handled at the county clerk counter. Hearings arise only if a bond issue, objection, referral, will contest under W. Va. Code § 41-5-11, or appeal under W. Va. Code § 58-3-1 requires one. |
| Appraisement deadline | ET 6.01 is due within 90 days of qualification under W. Va. Code § 44-1-14(f), and ET 6.02 is due within the same period under W. Va. Code § 11-11-7(c). |
| Creditor claims | Creditors have 60 days from first publication of the notice under W. Va. Code § 44-1-14a(a)(7) and § 44-3A-4(b). |
| Bond | Bond is required by default for an administrator, but W. Va. Code § 44-1-8 gives two statutory outs and lets the county commission require bond or surety after a hearing in some situations. |
| Taxes | West Virginia imposes no inheritance tax and, in practice, no estate tax. W. Va. Code § 11-11-3 computes the state estate tax from a federal credit that Congress replaced with a deduction for deaths after 2004. |
Before you begin — know the assets and liabilities
Before you go to a West Virginia county clerk counter, identify the assets, debts, title to any real estate, beneficiary designations, and accounts in the decedent's name. That asset list determines whether the estate can use W. Va. Code § 44-1A-2 at all, whether the $50,000 probate personal-property limit in W. Va. Code § 44-1A-1(b)(4) is met, and what must be reported on ET 6.01 within 90 days of qualification under W. Va. Code § 44-1-14 and on ET 6.02 under W. Va. Code § 11-11-7.
Sunset's estate settlement platform helps families organize that first step by searching 2,300 institutions for accounts and assets, then turning the results into the information needed for the county clerk, the appraisement, the nonprobate inventory, and the closing packet.
Which court handles probate
West Virginia probate is organized by county, but it is not organized through a separate estate court. The county commission holds probate jurisdiction under W. Va. Code § 7-1-3 and W. Va. Const. art. VIII, § 6. The elected county clerk acts for the commission between its regular sessions, admits the will to record or appoints an administrator, and reports that action to the commission for confirmation under W. Va. Code § 41-5-10 and § 44-1-4.
Venue starts with where the person lived. W. Va. Code § 41-5-4 puts the will in the county where the decedent had a mansion house or known place of residence at death. If there was no such residence, the statute looks to devised real estate, then to the county of death or a county where property was located, and then, for an out-of-state death, to a West Virginia county where property was devised or bequeathed. W. Va. Code § 44-1-4 applies the same county choice to an intestate estate.
If the decedent owned real estate in more than one county, the appraisement describing that property must be filed in each county where real estate is located, and W. Va. Code § 41-5-18 requires a certified copy of the probated will to be recorded in each county where devised real estate sits.
Two statewide machines operate county by county. In an article 2 county, the county clerk runs the file and an estate may be referred to a fiduciary commissioner under W. Va. Code § 44-3 and § 44-2-1. In a county that has elected article 3A, a fiduciary supervisor runs the file under W. Va. Code § 44-3A. No statewide list of article 3A counties is published, so ask the county clerk which system applies in the county where you file.
The probate process
- Identify the county where the decedent lived at death. W. Va. Code § 41-5-4 supplies the venue rule for a will, and W. Va. Code § 44-1-4 applies the same location to an intestate estate.
- Deliver the original will, if there is one, to the county clerk or to the named executor within 30 days after the death becomes known, as required by W. Va. Code § 41-5-1.
- Choose the route. If the decedent owned any probate real property, the small-estate affidavit is unavailable under W. Va. Code § 44-1A-2(a). If there is no probate real property and the probate personal property does not exceed $50,000 under W. Va. Code § 44-1A-1(b)(4), the affidavit route may fit after the waiting period.
- For a small estate under W. Va. Code § 44-1A-2, wait 30 days if the successor is nominated as executor or personal representative in the will, or 60 days if not. File the affidavit with the county clerk or fiduciary supervisor, attach the original will if there is one, and receive the certificate and authorization of a small estate under § 44-1A-2(f).
- If full administration is needed, go to the county clerk counter, prove the will or apply for administration, take the oath, give bond unless W. Va. Code § 44-1-8 excuses it, and receive the certificate of qualification with certified copies for banks and transfer agents.
- The county clerk reports the appointment or probate action to the county commission, which confirms it at its next regular session under W. Va. Code § 41-5-10 and § 7-1-3.
- File ET 6.01, the appraisement, within 90 days of qualification under W. Va. Code § 44-1-14(f), and file ET 6.02, the nonprobate inventory, within the same period under W. Va. Code § 11-11-7(c).
- The county clerk in an article 2 county, or the fiduciary supervisor in an article 3A county, publishes the notice to creditors. Article 2 publication is governed by W. Va. Code § 44-1-14a; article 3A publication is governed by W. Va. Code § 44-3A-4.
- Mail the notice to the surviving spouse, beneficiaries or heirs, any trustee, and reasonably ascertainable creditors within 60 days of first publication under W. Va. Code § 44-1-14a(c) and (d). Creditors have 60 days from first publication to file claims under § 44-1-14a(a)(7) and § 44-3A-4(b).
- Handle any referral. In an article 2 county, W. Va. Code § 44-2-1(b) uses a $200,000 referral threshold, exclusive of real estate specifically devised and nonprobate assets. In an article 3A county, W. Va. Code § 44-3A-5 uses a $100,000 referral threshold for assets subject to administration, exclusive of real property unless the will requires its administration. The $100,000 figure in this sentence is a referral threshold, not the superseded real-estate small-estate figure removed effective July 9, 2025 under W. Va. Code § 44-1A-2.
- Close the estate. In an article 2 county, use a waiver of final settlement under W. Va. Code § 44-2-29 or a report of receipts, disbursements and distribution under § 44-2-1(c). In an article 3A county, use a short form settlement under W. Va. Code § 44-3A-4a if it fits, or the article 3A long form settlement route.
- The clerk or fiduciary supervisor records and mails the closing document, holds it for 10 days for objection under W. Va. Code § 44-2-1(c) or § 44-3A-4a(e), and the county commission confirms the closing order under W. Va. Code § 7-1-3.
Types of probate
| Route | When it fits | How it works | Authority |
|---|---|---|---|
| Small estate by affidavit | The decedent died domiciled in West Virginia, owned no probate real property or interest in probate real property, and the probate personal property does not exceed $50,000 under W. Va. Code § 44-1A-1(b)(4) and § 44-1A-2(b)(5). | A successor files a sworn affidavit with the county clerk or fiduciary supervisor, attaches the original will if there is one, and receives a certificate and authorization of a small estate. No personal representative is appointed, and no bond, security, oath, or creditor publication is required under W. Va. Code § 44-1A-2 and § 44-1A-4. | W. Va. Code § 44-1A-1 through § 44-1A-5. Real property was removed from this route effective July 9, 2025 by HB 2867 (2025). |
| Full administration in an article 2 county | The estate does not qualify under W. Va. Code § 44-1A, and the county has not elected the fiduciary supervisor system under W. Va. Code § 44-3A-1. | The county clerk admits the will or appoints an administrator, the personal representative qualifies, files ET 6.01 and ET 6.02, handles notice and creditor claims, and closes with a waiver of final settlement or a report of receipts, disbursements and distribution. | W. Va. Code § 41-5-4, § 41-5-10, § 44-1-4, § 44-1-6, § 44-1-8, § 44-1-14, § 44-1-14a, § 44-2-1 and § 44-2-29. |
| Full administration in an article 3A county | The estate does not qualify under W. Va. Code § 44-1A, and the county commission has elected article 3A under W. Va. Code § 44-3A-1. | The fiduciary supervisor runs the file, publishes the article 3A notice, applies the article 3A referral threshold, and closes the estate by short form settlement under W. Va. Code § 44-3A-4a or by the long form settlement route. | W. Va. Code § 44-3A-1 through § 44-3A-44, especially § 44-3A-4, § 44-3A-4a, § 44-3A-5 and § 44-3A-42. |
| Ancillary filing without administration | A nonresident decedent owned West Virginia real estate and no West Virginia personal representative is needed for any proper purpose. | An affidavit is recorded with the county clerk in each county where the real estate sits. The intestate version requires that more than 60 days have passed since death and that no personal representative has been appointed in West Virginia under W. Va. Code § 44-1-4(b). | W. Va. Code § 44-1-4(b) and (c), § 41-5-13 and § 44-1-14b. |
Executor duties
Executor duties in West Virginia
A West Virginia personal representative, whether called an executor under a will or an administrator without one, qualifies with the county clerk, takes the oath, gives bond unless W. Va. Code § 44-1-8 excuses it, and obtains certified copies of the certificate of qualification, the letters needed for banks and transfer agents.
| Duty | West Virginia rule |
|---|---|
| Qualify and obtain authority | Present the will or application, take the oath, address bond under W. Va. Code § 44-1-8, and receive the certificate of qualification. The county clerk's action is confirmed by the county commission under W. Va. Code § 41-5-10 and § 7-1-3. |
| Inventory and appraise assets | File ET 6.01 within 90 days of qualification under W. Va. Code § 44-1-14(f). File ET 6.02 within the same period under W. Va. Code § 11-11-7(c). If real estate is in more than one county, file the appraisement information in each county where that real estate sits. |
| Search for creditors | Make a diligent search for reasonably ascertainable creditors, then mail or personally serve the notice required by W. Va. Code § 44-1-14a(c) and (d) within 60 days after first publication. |
| Handle claims | Creditors have 60 days from first publication under W. Va. Code § 44-1-14a(a)(7) and § 44-3A-4(b). A personal representative has 20 days to approve or reject a filed claim before reference under W. Va. Code § 44-2-1(b) and (d). |
| Close the estate | Use the closing route that fits the county system: waiver of final settlement under W. Va. Code § 44-2-29, report of receipts, disbursements and distribution under § 44-2-1(c), or short form settlement under W. Va. Code § 44-3A-4a in an article 3A county. |
| Do not leave the estate idle | A full and final settlement is due within five years of appointment under W. Va. Code § 44-4-14a. An estate open three years with no or unsatisfactory progress can be reported to the county commission for a show-cause process under W. Va. Code § 44-2-19a. |
Forms and documents
Probate forms in West Virginia
West Virginia does not use a statewide estate form set from the Judiciary. The Judiciary's statewide court-forms catalogue offers no estate, will, decedent or fiduciary topic, which matches the statewide structure: routine estates are county commission matters under W. Va. Code § 7-1-3 and are handled at the county clerk counter.
| Form | What it is | Where it comes from | Where it goes |
|---|---|---|---|
| ET 6.01 | Appraisement of the estate. It reports real estate and probate personal property. | West Virginia State Tax Department booklet distributed by counties. Rev. 06/14 is the revision county clerks are distributing. | Original plus two copies to the county clerk or fiduciary supervisor within 90 days of qualification under W. Va. Code § 44-1-14(f). The clerk records it. |
| ET 6.02 | Nonprobate inventory of the estate. | Same State Tax Department booklet as ET 6.01. | Original to the county clerk within 90 days of qualification. It is not recorded and is confidential tax return information under W. Va. Code § 11-11-7(c) and (d). |
| Affidavit for small estate | The affidavit used when W. Va. Code § 44-1A permits collection without appointment. | The statutory Affidavit for Small Estate is printed in full at W. Va. Code § 44-1A-2(e). | Filed with the county clerk or fiduciary supervisor, with the original will attached if there is one, and recorded under W. Va. Code § 44-1A-2(c). |
| Ancillary affidavits | Affidavits for West Virginia real estate of a nonresident decedent when no West Virginia personal representative is needed. | The intestate form is printed at W. Va. Code § 44-1-4(c). The testate form is printed at W. Va. Code § 41-5-13(c). | Recorded with the county clerk in each county where the real estate sits. |
| County forms | County-specific checklists, appraisement packets, waivers, claim forms, small-estate forms, and settlement forms where published. | The county clerk or fiduciary supervisor. The county layer varies because West Virginia has no statewide estate form set. | Use the forms required or supplied by the county where the estate is filed. |
County-hosted copies of the ET 6.01 and ET 6.02 booklet can be different vintages. Use the version supplied by the county clerk when you qualify, and do not rely on an older county PDF for current legal rules.
Fees
West Virginia has no statewide probate filing fee. What you pay the county clerk is a set of per-document recording charges under W. Va. Code § 59-1-10, plus estate-specific charges under chapter 44, the newspaper's charge for publication under W. Va. Code § 44-1-14a, and any surety bond premium under W. Va. Code § 44-1-8.
| Fee component | Amount | Authority |
|---|---|---|
| Document or writing of five pages or fewer | $10, in force as read August 2026 | W. Va. Code § 59-1-10(a)(6). This is the recording charge that can apply to a will, appraisement, small-estate affidavit, settlement, creditor claim, or ancillary affidavit. |
| Additional pages | $1 for each additional page, in force as read August 2026 | W. Va. Code § 59-1-10(a)(7). |
| Oath | $5, in force as read August 2026 | W. Va. Code § 59-1-10(b). |
| Copies and seal | $1.50 for a copy, $1 for each additional page, and $1 for the seal, in force as read August 2026 | W. Va. Code § 59-1-10(d)(1) through (3). These charges matter when ordering certified copies of the certificate of qualification, the letters banks request. |
| Certified death certificate from the clerk | $5, in force as read August 2026 | W. Va. Code § 59-1-10(d)(4). |
| Notice publication fee collected by the clerk | $20, in force as read August 2026 | W. Va. Code § 44-1-14a(g), in force as read August 2026. |
| Article 2 closing recording and mailing | $10, in force as read August 2026 | W. Va. Code § 44-2-1(c), for recording and mailing the waiver of final settlement or the report of receipts, disbursements and distribution. |
| Article 3A short form settlement recording and mailing | $10, in force as read August 2026 | W. Va. Code § 44-3A-4a(e), for recording and mailing the short form settlement in a fiduciary supervisor county. |
| Article 3A qualification fee | Capped at $25 for gross assets of $10,000 or less, $100 for gross assets more than $10,000 and up to $50,000, and $175 for gross assets above $50,000, effective July 1, 2023 | W. Va. Code § 44-3A-42(a) and (f). This applies only in a county that runs the fiduciary supervisor system under W. Va. Code § 44-3A. |
| Article 3A statement of deficiencies | $10, effective July 1, 2023 | W. Va. Code § 44-3A-42(a). |
| Fiduciary commissioner fee after referral | Capped at $300 plus expenses, in force as read August 2026, unless the personal representative agrees to more or the county commission has adopted a fee schedule | W. Va. Code § 44-2-1(a) and W. Va. Code § 59-1-9. |
| Newspaper charge | Set by the newspaper | The notice is a Class II legal advertisement under W. Va. Code § 44-1-14a(a)(11) and § 44-3A-4(a). |
| Surety bond premium | Set by the bonding company | Bond and surety are governed by W. Va. Code § 44-1-8 and related sections. |
Counties that publish their own schedules list different local recording charges, application charges, deposits and payment methods. Use the county clerk's or fiduciary supervisor's own schedule for the county where the estate will be filed.
Timeline
- Deliver the will. A person holding the will must deliver it to the county clerk or to the executor within 30 days after learning of the death. W. Va. Code § 41-5-1.
- Distributee preference in an intestate estate. If no distributee applies within 30 days from the death of the intestate person, the county commission or clerk may grant administration to a creditor or other fit person. W. Va. Code § 44-1-4(a).
- Small estate filed by a nominated successor. A successor nominated as executor or personal representative in the will may file after 30 days, if W. Va. Code § 44-1A-2(b)(6) is otherwise satisfied.
- Small estate filed by anyone else. A successor not nominated in the will may file after 60 days, if W. Va. Code § 44-1A-2(b)(6) is otherwise satisfied.
- Ancillary affidavit for nonresident intestate real estate. The intestate ancillary affidavit requires more than 60 days after death and no West Virginia personal representative. W. Va. Code § 44-1-4(b)(1)(C).
- Appraisement and nonprobate inventory. ET 6.01 is due within 90 days of qualification under W. Va. Code § 44-1-14(f). ET 6.02 is due within the same period under W. Va. Code § 11-11-7(c).
- Publication of notice. In an article 2 county, the clerk publishes within 30 days after the appraisement is filed, or within 120 days after qualification if no appraisement has been filed. W. Va. Code § 44-1-14a(a). In an article 3A county, the fiduciary supervisor publishes under W. Va. Code § 44-3A-4(a).
- Notice run. Article 2 notice runs once a week for two successive weeks as a Class II legal advertisement under W. Va. Code § 44-1-14a(a) and (a)(11). Article 3A notice is published at least once a month under W. Va. Code § 44-3A-4(a).
- Creditor claims period. Creditors have 60 days from first publication to file claims under W. Va. Code § 44-1-14a(a)(7) and § 44-3A-4(b).
- Mailing the notice. The personal representative must mail or personally serve the notice to the required spouse, beneficiaries or heirs, trustee, and reasonably ascertainable creditors within 60 days after first publication. W. Va. Code § 44-1-14a(c) and (d).
- Objection to qualification, venue or jurisdiction. An interested person must object within 60 days from first publication or within 30 days from service, whichever is later, or the objection is forever barred. W. Va. Code § 44-1-14a(a)(9) and (e).
- Small-estate objection. An interested person has 30 days after the clerk mails the affidavit copy to object in writing under W. Va. Code § 44-1A-2(g).
- Small-estate authority. The certificate and authorization of a small estate lasts six months and can be extended once, for not more than six additional months, under W. Va. Code § 44-1A-2(h).
- Claim decision. A personal representative has 20 days after a claim is filed to approve or reject it before the estate is referred under W. Va. Code § 44-2-1(b) and (d).
- Settlement hold. The clerk or fiduciary supervisor holds the closing document for 10 days after recording and mailing under W. Va. Code § 44-2-1(c) or § 44-3A-4a(e).
- Waiver of final settlement. In an article 2 county, the waiver route is available more than 90 days after the filing of the required notice, if the statutory conditions are met. W. Va. Code § 44-2-29(a).
- Short form settlement. In an article 3A county, the short form settlement route is available more than 60 days after the article 3A notice, if the statutory conditions are met. W. Va. Code § 44-3A-4a(a).
- Will contest. A will contest is filed in circuit court within six months from the county commission's order, or the order becomes forever binding. W. Va. Code § 41-5-11.
- Extended will-contest period. A person under disability, or a nonresident proceeded against by publication, has the period stated in W. Va. Code § 41-5-12.
- Foreign will objection. An objection to a foreign will admitted to record must be made within one year under W. Va. Code § 41-5-13(d).
- Full and final settlement outer limit. A fiduciary must make full and final settlement within five years of appointment under W. Va. Code § 44-4-14a.
- Administrative closing for no progress. An estate open three years with no progress or unsatisfactory progress can be reported to the county commission, followed by a show-cause order and a 30-day response window. W. Va. Code § 44-2-19a(b) and (c)(2).
- Alienation by heir or devisee. Alienation by an heir or devisee is not valid against creditors for one year after death. W. Va. Code § 44-8-5.
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
West Virginia is unusual because routine estate settlement starts at a county clerk counter, not in a separate court process. The county commission holds probate jurisdiction under W. Va. Code § 7-1-3, the county clerk acts between commission sessions under W. Va. Code § 41-5-10 and § 44-1-4, and the county commission confirms the clerk's action.
The article 2 and article 3A split is a real county-by-county distinction. It changes who runs the file, who publishes the creditor notice under W. Va. Code § 44-1-14a or § 44-3A-4, whether the referral threshold is $200,000 under W. Va. Code § 44-2-1(b) or $100,000 under W. Va. Code § 44-3A-5, and which closing document is used. The $100,000 figure in the preceding sentence is a referral threshold, not the superseded real-estate small-estate figure removed effective July 9, 2025 under W. Va. Code § 44-1A-2.
The Small Estate Act contains a trap. W. Va. Code § 44-1A-1(b)(5) still prints a $100,000 real-estate limb and a 167 percent valuation presumption, but W. Va. Code § 44-1A-2 now bars the small-estate route whenever the decedent owned any probate real property. Older guides that still describe the real-estate limb are out of date after July 9, 2025.
WVPASS is also a trap. It is a circuit court records search, and a routine West Virginia estate file is a county commission record held by the county clerk. A W. Va. Code § 41-5-11 will contest in circuit court may appear in circuit court records; the estate file itself is not in WVPASS.
Finally, West Virginia abolished the older Virginia-style settlement office when it created the fiduciary commissioner under W. Va. Code § 44-3-1. Borrowed guidance from neighboring states often uses the wrong office name, the wrong filing office, or the wrong authority document.
Small-estate alternatives
West Virginia's small-estate route is an affidavit filed with the county clerk or fiduciary supervisor, not a petition. It is governed by W. Va. Code § 44-1A-1 through § 44-1A-5.
| Issue | Rule |
|---|---|
| Asset limit | The aggregate fair market value of probate personal property must not exceed $50,000 under W. Va. Code § 44-1A-1(b)(4) and § 44-1A-2(b)(5). |
| Real property | Since July 9, 2025, the route is unavailable if the decedent owned any probate real property or any interest in probate real property. W. Va. Code § 44-1A-2(a), as amended by HB 2867 (2025). |
| Waiting period | A successor nominated as executor or personal representative in the will may file after 30 days. A successor not nominated must wait 60 days. In both cases, no application for appointment of a personal representative may be pending or granted in any jurisdiction. W. Va. Code § 44-1A-2(b)(6). |
| Will | The original will, if any, is attached to the affidavit and recorded with it. W. Va. Code § 44-1A-2(b)(3) and § 44-1A-4(c). |
| Bond and oath | No bond, security, or oath is required for the small-estate affidavit route. W. Va. Code § 44-1A-2(d). |
| Authority document | The clerk issues a certificate and authorization of a small estate to the authorized successor under W. Va. Code § 44-1A-2(f). That document is not letters. |
| Objection | An interested person has 30 days from the clerk's mailing of the affidavit copy to object in writing. The objection is referred to a fiduciary commissioner under W. Va. Code § 44-3 and § 44-1A-2(g). |
| Duration | The certificate lasts six months and may be extended once for good cause by not more than another six months. W. Va. Code § 44-1A-2(h). |
| If assets are too large | If the assets turn out to exceed the limit, the clerk rescinds the certificate and full administration must be opened. W. Va. Code § 44-1A-2(i). |
| Creditors | There is no published notice to creditors on the small-estate route. Creditors deal directly with the successor and keep the rights preserved by W. Va. Code § 44-1A-4(d). |
| Superseded figure | W. Va. Code § 44-1A-1(b)(5)(B) still prints a $100,000 real-estate limb and a 167 percent presumption, but that limb is dead letter after July 9, 2025 because W. Va. Code § 44-1A-2 bars probate real property from the affidavit route. |
Recent updates
| Change | Effective date | Authority |
|---|---|---|
| Real property was removed from the small-estate route. An estate with any probate real property, or any interest in probate real property, can no longer be processed as a small estate under W. Va. Code § 44-1A. | July 9, 2025 | 2025 W. Va. Acts, HB 2867, amending W. Va. Code § 44-1A-2 |
| The definition section of the Small Estate Act was not amended, so W. Va. Code § 44-1A-1(b)(5)(B) still prints a $100,000 real-estate limb and a 167 percent presumption. That limb is dead letter because W. Va. Code § 44-1A-2 now excludes any estate with probate real property. | Status as of August 2026, following the July 9, 2025 amendment | W. Va. Code § 44-1A-1(b)(5) and § 44-1A-2 |
| The fiduciary supervisor's graduated qualification fee in counties that have elected article 3A was reset at a cap of $25 for gross assets of $10,000 or less, $100 up to $50,000, and $175 above that, with $5 of each fee forwarded to the State Auditor. | July 1, 2023 | W. Va. Code § 44-3A-42(a) and (f) |
| The West Virginia Small Estate Act was enacted, allowing certain small estates to be administered by affidavit and without the appointment of a personal representative, and was amended the following year. | July 1, 2021, amended effective June 8, 2022 | SB 80 (2021), enacting W. Va. Code § 44-1A-1 et seq.; HB 4329 (2022) |
| The Supreme Court of Appeals launched WVPASS for circuit court records in all fifty-five counties, covering publicly available circuit court documents back to 1999, free to registered users with a 25 cent per page download charge for the general public. It does not contain routine estate files held by the county clerk. | March 10, 2025 | Supreme Court of Appeals of West Virginia launch release |
| The appraisement and nonprobate inventory booklet that county clerks distribute carries revision 06/14. Rev. 06/14 is the revision county clerks are distributing; a newer revision may exist. | Status as of August 2026 | Form ET 6.01 under W. Va. Code § 44-1-14 and Form ET 6.02 under W. Va. Code § 11-11-7, Rev. 06/14, as published in a county-hosted appraisement packet |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely West Virginia path | What to watch | Where Sunset helps |
|---|---|---|---|
| Surviving spouse with co-owned home | Property that passes by survivorship is not probate property, but the home is still the key fact. If any probate real property remains in the decedent's name, the small-estate route is unavailable under W. Va. Code § 44-1A-2(a), as amended July 9, 2025 by HB 2867 (2025). If the home passed outside the estate and the probate personal property is $50,000 or less under W. Va. Code § 44-1A-1(b)(4), the affidavit route may fit. | The surviving spouse's elective share is not changed by the small-estate route under W. Va. Code § 44-1A-5(c). Bond and surety questions still turn on W. Va. Code § 44-1-8 if full administration is needed. | Sunset helps identify accounts, policies, titled assets, and liabilities before the spouse chooses a route, which keeps the estate settlement focused on the assets that actually pass through the county clerk. |
| Out-of-state adult child with small estate | File in the county where the parent lived at death under W. Va. Code § 41-5-4 and § 44-1-4. If there is no probate real property and the probate personal property is $50,000 or less under W. Va. Code § 44-1A-1(b)(4), use the affidavit after the 30-day or 60-day wait in W. Va. Code § 44-1A-2(b)(6). Otherwise, qualify as executor or administrator and receive a certificate of qualification, the letters banks request. | Distance matters most for bond under W. Va. Code § 44-1-8 and for county appointment practice. Phone or video participation is a county clerk or fiduciary office question, not a statewide rule. | Sunset gathers financial-institution results and document information so an out-of-state child can call the county clerk with a clearer inventory before traveling or mailing documents. |
| Parent settling predeceased child's estate, home must be sold | A home that must be sold means the small-estate route is unavailable under W. Va. Code § 44-1A-2(a). A personal representative must qualify with the county clerk, file ET 6.01 within 90 days under W. Va. Code § 44-1-14 and ET 6.02 under W. Va. Code § 11-11-7, complete notice and creditor claims under W. Va. Code § 44-1-14a, and close by the article 2 or article 3A settlement route. | If real estate is in more than one county, record the required appraisement information in each county and record a certified copy of the probated will where W. Va. Code § 41-5-18 requires it. If claims outrun personal property, circuit court equity may be needed to subject real estate to debts. | Sunset helps assemble the asset picture, creditor information, and attorney connection needed for a real-estate estate settlement before the county clerk file becomes delayed. |
Self-help resources
West Virginia's statewide self-help resources are mostly primary sources and lawyer-access programs. County clerk offices can give filing logistics, but they cannot give legal advice or tell you how to complete the forms.
| Resource | What it offers | Website |
|---|---|---|
| West Virginia Code, chapters 41, 44 and 59 | Current statutes for wills, personal representatives, small estates under W. Va. Code § 44-1A, fiduciary commissioners under W. Va. Code § 44-3, fiduciary supervisors under W. Va. Code § 44-3A, and fees under W. Va. Code § 59-1-10. | https://code.wvlegislature.gov/ |
| West Virginia Legislature bill status and enrolled bill text | Effective dates and enrolled acts, including the July 9, 2025 HB 2867 amendment to W. Va. Code § 44-1A-2. | https://www.wvlegislature.gov/Bill_Status/bill_status.cfm |
| West Virginia State Bar Lawyer Referral Service | A public service that helps match a person to a local lawyer by practice area and location, with a 30-minute consultation for $25 or less as published in August 2026. Its published practice-area list includes estate planning and elder and seniors matters. | https://referrals.wvlawyerreferral.org/ |
| Tuesday Legal Connect, West Virginia State Bar | Volunteer lawyers take calls from the public every Tuesday evening from 6:00 p.m. to 8:00 p.m. at 1-800-642-3617. The Bar says volunteers can provide general legal information but cannot provide direct legal advice or legal assistance about your case. | https://wvbar.org/public-information/get-legal-help/tuesday-legal-connect-for-attorneys/ |
| West Virginia Free Legal Answers | A virtual legal advice clinic where qualifying users post civil legal questions at no cost and volunteer attorneys licensed in West Virginia answer them. Its published topic list does not list estates, so ask rather than assume. | https://wv.freelegalanswers.org/ |
| Legal Aid of West Virginia | The statewide civil legal aid program. Applications are taken by phone at 866-255-4370, Monday, Wednesday, Thursday and Friday from 8:30 a.m. to 3:30 p.m. and Tuesday from 8:30 a.m. to 12:30 p.m., or online. Its published examples of covered civil issues do not list decedents' estates, and the program says the list is not comprehensive, so ask. | https://legalaidwv.org/ |
| West Virginia State Law Library | Open to the public Monday through Friday from 8:00 a.m. to 4:00 p.m. and closed on legal holidays, in Building 1, Room E-404, 1900 Kanawha Boulevard East, Charleston, phone (304) 558-2607. The library cannot give legal advice or do extensive legal research. | https://www.courtswv.gov/public-resources/law-library |
| West Virginia State Bar courthouse and county information | A directory of all 55 county courthouses, credited on the page to the Supreme Court of Appeals of West Virginia. | https://wvbar.org/public-information/courthouses/ |
When to hire an attorney
A lawyer is especially useful when West Virginia real estate must be sold, the will is unclear or contested, the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3, claims may outrun the personal property, an out-of-state personal representative faces bond under W. Va. Code § 44-1-8, or a will contest under W. Va. Code § 41-5-11 or appeal under W. Va. Code § 58-3-1 goes to circuit court. The county clerk's office can explain filing logistics but cannot give legal advice. Sunset connects families to a vetted probate attorney.
How Sunset helps in West Virginia
Find the accounts and assets. Sunset searches for accounts, policies and holdings in the decedent's name, which matters in West Virginia because ET 6.01 under W. Va. Code § 44-1-14 and ET 6.02 under W. Va. Code § 11-11-7 are due within 90 days of qualification, and because W. Va. Code § 44-1A turns the small-estate choice on what the probate personal property adds up to.
Generate the probate packet. Sunset assembles the information a West Virginia estate settlement needs, from the application to qualify with the county clerk through the appraisement, the nonprobate inventory, and the closing settlement.
Find a local probate attorney. Sunset connects families to vetted probate attorneys who practice in the county where the estate will be opened, which matters in a state where the machinery differs between counties that run a fiduciary supervisor under W. Va. Code § 44-3A and counties that do not.
Sunset is free for families.
Frequently asked questions
Who handles probate in West Virginia?
The county commission holds probate jurisdiction under W. Va. Code § 7-1-3 and W. Va. Const. art. VIII, § 6, and the elected county clerk handles routine estate filings at the counter. The clerk admits the will or appoints an administrator under W. Va. Code § 41-5-10 and § 44-1-4, then reports the action to the county commission for confirmation.
Where do I file a West Virginia estate?
File with the county clerk in the county where the decedent had a mansion house or known place of residence at death under W. Va. Code § 41-5-4. If that rule does not apply, § 41-5-4 supplies additional venue tiers based on devised real estate, place of death, property location, or West Virginia property of a person who died out of state. An intestate estate follows the same county rule under W. Va. Code § 44-1-4.
How much does it cost to open an estate in West Virginia?
West Virginia has no statewide probate filing fee. The county clerk charges per-document recording amounts under W. Va. Code § 59-1-10, including $10 for a document of five pages or fewer, $1 for each additional page, and $5 for an oath, all in force as read August 2026. Other estate costs can include the $20 publication fee under W. Va. Code § 44-1-14a(g), county-specific charges, newspaper publication, certified copies, and any bond premium under W. Va. Code § 44-1-8.
Does West Virginia have a small estate affidavit?
Yes. W. Va. Code § 44-1A-2 creates an affidavit route for a qualifying small estate. The probate personal property must be $50,000 or less under W. Va. Code § 44-1A-1(b)(4), the waiting period in § 44-1A-2(b)(6) must have run, and the clerk issues a certificate and authorization of a small estate under § 44-1A-2(f) to the authorized successor.
Can I use the West Virginia small estate affidavit if there is a house?
Not if the decedent owned any probate real property or any interest in probate real property. W. Va. Code § 44-1A-2(a), as amended by HB 2867 (2025), bars that route effective July 9, 2025. Older guides may still mention a $100,000 real-estate limb and 167 percent valuation language in W. Va. Code § 44-1A-1(b)(5), but that limb is superseded for filings after the July 9, 2025 change.
How long do creditors have to file a claim against a West Virginia estate?
Creditors have 60 days from first publication of the notice under W. Va. Code § 44-1-14a(a)(7) in an article 2 county and under W. Va. Code § 44-3A-4(b) in an article 3A county. The personal representative also must mail or personally serve the notice to the required people and reasonably ascertainable creditors within 60 days after first publication under W. Va. Code § 44-1-14a(c) and (d).
When is the West Virginia appraisement due?
ET 6.01, the appraisement, is due within 90 days of qualification under W. Va. Code § 44-1-14(f). ET 6.02, the nonprobate inventory, is due within the same period under W. Va. Code § 11-11-7(c). The clock runs from qualification, not from death.
Do I need a bond to be an executor in West Virginia?
Bond and surety depend on W. Va. Code § 44-1-8. A will can direct that an executor give no bond, but the county commission can require one after a hearing. No surety is required if the executor is the sole beneficiary, or if the administrator is the sole distributee, unless the will or the county commission requires otherwise.
Can I look up a West Virginia estate online?
There is no statewide online case search for estate files. Estate records are county commission records held by the county clerk. WVPASS is a circuit court records search back to 1999; it can show a will contest filed in circuit court under W. Va. Code § 41-5-11, but it does not contain the routine estate file itself.
Does West Virginia have an inheritance tax or an estate tax?
West Virginia imposes no inheritance tax and, in practice, no estate tax. W. Va. Code § 11-11-3 computes the state estate tax from a federal credit that Congress replaced with a deduction for deaths after 2004, so the West Virginia tax computes to nothing. Large estates may still owe federal estate tax and file IRS Form 706.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.