Forms for Settling an Estate in West Virginia

Free forms for settling an estate in West Virginia: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.

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Renunciation of Executor

In West Virginia, a person named as personal representative may refuse the appointmentW. Va. Code § 44-1-2Verified Sep 23, 2026View source before anyone is appointed.

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Small Estate Affidavit

In West Virginia, the Small Estate AffidavitW.Va. Code § 44-1A-2Verified Sep 9, 2026View source covers estates with personal property of $50,000W.Va. Code § 44-1A-2Verified Sep 9, 2026View source or less, 60 daysW.Va. Code § 44-1A-2Verified Sep 9, 2026View source after death, filed with the court.

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Estate Inventory

In West Virginia, the personal representative files the estate inventory within 90 daysW. Va. Code § 44-1-14Verified Sep 15, 2026View source of appointment.

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Estate Closing

In West Virginia, the personal representative is discharged by court orderW. Va. Code §§ 44-3A-4a(e), 44-2-1Verified Sep 15, 2026View source, and no final accounting is required.

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Letter of Instruction

Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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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 Much Can an Executor Charge?

West Virginia sets executor compensation by statute — about $20,000 on a $500,000 estate, roughly 4.0%W.Va. Code § 44-4-12a(a) — 5% on the first $100K, 4% above $100K and not exceeding $400K, 3% above $400K and not exceeding $800K, 2% above $800K. The schedule applies to "all the personal estate which is subject to administration, including the income from the personal estate, that is received and accounted for by them and upon the proceeds of real estate that is sold" — NOT to the whole gross estate. Real estate that is NOT sold draws a separate 1% commission, as does non-administered property includable for federal estate tax, and "no commission shall be allowed on joint and survivorship property, whether real or personal" (§ 44-4-12a(b)). The county commission may reduce the commission for unfaithful discharge or increase it for extraordinary services (§ 44-4-12a(d)), and a testator may vary it by express will language (§ 44-4-12a(f)). Verified 2026-09-09.Verified Sep 9, 2026View source.

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Can I Self-File Probate?

West Virginia has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableW.Va. Code § 44-12-1 (clerk of the county commission may admit wills to record and appoint and qualify executors and administrators in vacation, ex parte; contests stand continued to the county commission); § 44-1-4(a) (jurisdiction in the county commission or its clerk during recess)Verified Sep 9, 2026View source.

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How Do I Get Appointed as Executor?

In West Virginia, the County Commission appoints the personal representative and the Clerk of the county commission issues Letters Testamentary or Letters of Administration; an informal (registrar) track is availableW.Va. Code § 44-12-1 (clerk of the county commission may admit wills to record and appoint and qualify executors and administrators in vacation, ex parte; contests stand continued to the county commission); § 44-1-4(a) (jurisdiction in the county commission or its clerk during recess)Verified Sep 9, 2026View source.

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What Are the Creditor Claim Deadlines?

In West Virginia, the 2 monthsW.Va. Code § 44-1-14a(a)(7) (claims "must be filed within sixty days of the date of first publication"); § 44-3A-4(b) (same sixty days in fiduciary-supervisor counties). The period runs from first publication by the clerk, not from death or qualification.Verified Sep 9, 2026View source period after first publication of the creditor notice protects a representative who distributes after it; late claims can still reach undistributed assets.

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What Happens When an Estate Is Insolvent?

When an estate owes more than it holds, West Virginia pays the claims in 7W. Va. Code § 44-2-21Verified Sep 23, 2026View source classes in statutory order, beginning with costs and expenses of administration.

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How Do I Open an Estate Account When Someone Dies?

Compare estate-account opening requirements bank by bank: channels, required documents, and steps.

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What Is the Estate's Personal Property Worth for Probate?

Estimate the fair market value of household items for probate and see how it affects fees.

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Hire a West Virginia Probate Attorney

Browse 47 probate firms in West Virginia with addresses, contact info, and practice details.

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West Virginia Estate Settlement Resources

In-depth guides covering West Virginia probate, estate administration, and settling an estate.