Probate in West Virginia
West Virginia probate is administered by the County Commission (sitting as a Fiduciary Commissioner) in the county where the deceased resided. West Virginia's probate system is distinctive — the "fiduciary commissioner" role is similar to a probate court but handled through county commission offices. Executors are entitled to 5% of estate income and disbursements as compensation.
West Virginia probate typically takes 12–18 months.
Simplified estate procedures
West Virginia allows a summary administration process for estates with a net value of $50,000 or less. The process is handled through the county commission with reduced paperwork and fees.
West Virginia does not currently authorize transfer on death deeds for real property. Living trusts are the primary probate-avoidance tool for real estate.
Death certificates
West Virginia death certificates are issued by the West Virginia Department of Health and Human Resources (WVDHHR) Vital Registration Office. The cost is $12 per certified copy. Order through WVDHHR or VitalChek.
Order at least 10–12 certified copies when the funeral home files the initial certificate.
Estate and inheritance tax
- State estate tax: West Virginia has no state estate tax and no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- Fiduciary commissioner system: West Virginia's county commission/fiduciary commissioner system is unique. Procedures vary somewhat by county — consulting a local attorney is particularly important.
- Creditor claim period: 60 days from the date of appointment of the executor.
- 5% executor fee: West Virginia statute sets executor compensation at 5% of income and disbursements.
- No transfer on death deed: West Virginia does not authorize transfer on death deeds for real property.
Key contacts
- WV vital records: dhhr.wv.gov/bph/ofvr
- West Virginia Courts probate: courtswv.gov
- West Virginia State Bar lawyer referral: wvbar.org