West Virginia probate guide

Probate process in West Virginia

West Virginia probate is supervised by the County Commission through its Fiduciary Supervisor (and Fiduciary Commissioner for contested matters). The small-estate affidavit under W. Va. Code § 44-1A covers personal property of $50,000 or less and real property of $100,000 or less, with low filing fees around $12 plus per-page certificate fees. No bond is required for small-estate affidavits. West Virginia recognizes transfer-on-death deeds under W. Va. Code § 36-12-1 et seq.

West Virginia probate at a glance

Court
County Commission – Fiduciary Supervisor / Fiduciary Commissioner
Typical timeline
32–52 weeks
Filing fee
$50–$200
Small-estate threshold
$100,000
TOD deed allowed?
Yes
Bond required by default?
Yes (unless waived)
Statute
W. Va. Code Ch. 41-44; W. Va. Code § 44-1A (small estates)

Source: code.wvlegislature.gov. Fees and thresholds change — verify with your county court before filing.

How West Virginia probate works, step by step

  1. 1File application or small-estate affidavit with the County Clerk
  2. 2Clerk qualifies fiduciary and issues letters
  3. 3Publish notice to creditors; 60-day claim period runs
  4. 4File appraisement and pay debts and taxes
  5. 5Fiduciary Commissioner files report; County Commission confirms final settlement

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This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed West Virginia probate attorney for advice specific to your situation.