State Unemployment Benefits in West Virginia
WorkForce West Virginia, an agency of the state Department of Commerce, administers unemployment compensation through workforcewv.org and a network of local offices across the state. Under W. Va. Code 21A-6-14, accrued benefits due and unpaid on a claim the claimant filed before dying may, in the commissioner's discretion, be paid, without letters of administration, to the surviving spouse, children, or parents, in that order of priority.
Steps to take when someone dies
State Unemployment Benefits in West Virginia: key facts
What West Virginia says6
- Reporting a death
A death is reported to WorkForce West Virginia by phone. The caller asks how the claim is closed and what proof of death and relationship the agency requires.1
- Who may claim a final payment
W. Va. Code 21A-6-14 permits accrued benefits to be paid to the surviving spouse, children, or parents of the deceased, in that order of priority.2
- Benefits at and after the death
W. Va. Code 21A-6-14 covers only "accrued benefits due and unpaid on claims filed prior to decease of a claimant," and payment is "in the discretion of the commissioner." It does not create a new claim for a survivor.2
- Documents for a final payment
Letters of administration are not required: W. Va. Code 21A-6-14 permits payment "without letters of administration."2
- Overpayments
Benefits paid to someone who was not entitled to receive them are an overpayment, and West Virginia Unemployment Compensation Law requires that all overpayments be repaid to WorkForce WV.3
Overpayment payments by check or money order go to the WorkForce West Virginia Benefits Payment Control Unit, and a repayment agreement can be set up with WorkForce WV.3
- Claimant portal
Claimants file and manage a claim at workforcewv.org.1
Governing law: W. Va. Code 21A-6-14
Not in West Virginia's published guidance5
- A deceased-claimant procedure
- A death-reporting form
- The documents to send
- A death-certificate requirement
- A rule on returning payments issued after death
West Virginia unemployment benefits
WorkForce West Virginia
Phone
Overpayment questions
Overpayment repayment agreements
TTY
Mailing address
Website
Tools for Settling an Estate in West Virginia
Free tools for settling an estate in West Virginia: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Do I Settle an Estate?
Settling an estate in West Virginia: the personal representative files the estate inventory within 90 daysW. Va. Code § 44-1-14Verified Sep 15, 2026View source of appointment; creditors have 2 monthsW. Va. Code §§ 44-1-14a, 44-2-4, 44-2-21, 44-2-26Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
Do I Have to File Tax Returns for Someone Who Died?
West Virginia requires a final state income tax return for the decedent alongside the federal Form 1040W. Va. Code § 11-21-4j; SB 392 (2026 Regular Session)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
Hire a Probate Attorney
Browse vetted attorneys handling probate matters across all 50 states.