Free West Virginia forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
In West Virginia, a will is signed before 2W.Va. Code § 41-1-3Verified Sep 16, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitW.Va. Code § 41-1-3Verified Sep 16, 2026View source.
West Virginia requires 2W. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source witnesses and notarizationW. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source for a healthcare power of attorney.
West Virginia treats a power of attorney as durable by defaultW.Va. Code § 39B-1-105Verified Sep 20, 2026View source, and it is signed before a notaryW.Va. Code § 39B-1-105Verified Sep 20, 2026View source.
In West Virginia, a pour-over will is signed before 2W.Va. Code § 41-1-3Verified Sep 16, 2026View source witnesses and moves anything left outside the trust into it through probate.
Free calculators and checklists for planning or settling an estate in West Virginia: will and trust costs, probate, executor pay, and inheritance taxes.
In West Virginia, a will-based plan pays probate attorney fees of typically 1.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source to 2.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
Probate in West Virginia takes 6 months to 9 months for a simple estate and charges attorney fees of typically 1.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source to 2.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source of the estate; assets held in a revocable trust skip both.
An attorney-prepared revocable trust in West Virginia runs $2,870Estimate: 10 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,305Estimate: 15 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $861Estimate: 3 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,722Estimate: 6 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
Probate on a $500,000 estate in West Virginia costs an estimated $30,331W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source. Attorney fees run 1.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source to 2.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source of the estate under a reasonable-compensation standard.
West Virginia does not revoke an ex-spouse as beneficiary at divorceW. Va. Code § 41-1-6Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
Probate on a $500,000 estate in West Virginia costs an estimated $30,331W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 1.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source to 2.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source of the estate. Estates under $50,000W.Va. Code § 44-1A-2Verified Sep 9, 2026View source can use a small-estate procedure instead.
66 estate planning firms in West Virginia, by county and firm type.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to discuss your situation and verify their current practice areas and availability.
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66 firms
Solo PracticeElkins, WV
Serves Randolph, Tucker, Barbour and Upshur counties from Elkins. Prepares wills, trusts, living wills and healthcare and durable powers of attorney, and assists executors and trustees with settling estates, tax filings and distributing assets to beneficiaries.
PracticesEstate PlanningTrust AdministrationProbateReal Estate
Solo PracticeElkins, WV
Serves Randolph, Upshur, Barbour, Tucker, Pocahontas and Pendleton counties from Elkins. Assists executors with filing probate documents, collecting and distributing assets, paying creditors, re-titling assets and preparing final tax returns, and handles estate litigation. Prepares wills, durable and medical powers of attorney and living wills.
PracticesEstate PlanningProbateProbate LitigationReal Estate
FirmElkins, WV
Serves Randolph County from High Street in Elkins. Handles probate, estate settlement and administration, and ancillary administration, along with wills, trusts, powers of attorney, living wills and transfer on death deeds. Founded in 1991 as Busch & Talbott, L.C.
PracticesEstate PlanningProbateReal Estate
Solo PracticeWeston, WV
Serves Lewis, Upshur, Harrison, Randolph and Gilmer counties from Weston. Prepares wills, living wills and medical and durable powers of attorney, and handles guardianship and conservatorship cases for adults who lack capacity and never signed a power of attorney. Attorney Trena Williams is also a family law and civil litigation mediator.
PracticesEstate PlanningConservatorshipGuardianshipFamily LawMediation
Solo PracticeElkins, WV
Serves Randolph, Tucker, Upshur, Barbour, Pocahontas, Grant, Pendleton, Lewis, Webster and Harrison counties from Elkins. Guides executors and administrators through West Virginia probate and handles guardianships and conservatorships, along with wills, testamentary trusts, powers of attorney and living wills. Attorney Jefferson L. Triplett is fluent in Spanish.
PracticesEstate PlanningProbateConservatorshipGuardianshipand 2 more
Solo PracticeBuckhannon, WV
Serves families from an office on North Kanawha Street in Buckhannon. Prepares wills, trusts, medical powers of attorney, HIPAA waivers, do-not-resuscitate forms, Alzheimer's plans and transfer on death deeds. Attorney Kyle Nuttall also negotiates oil and gas leases for West Virginia landowners.
PracticesEstate PlanningGuardianship