How Do I Avoid Probate in West Virginia?

In West Virginia, a home with a transfer on death deed and a payable on death account pass outside probate, as does property in a revocable trust; what is left is the probate estate.

Mark what the owner holds

West Virginia law says how each asset passes at death. Mark what the owner holds and how each piece is titled to see which pass outside probate and what remains for the probate estate.

Examples:

General information about how each asset passes at death under state law, and what remains for probate, not legal or tax advice. The probate cost figures are the probate cost estimator’s, run at the size of the probate estate. Consult a licensed attorney for legal questions.

At a death in West Virginia, the sums in a joint account belong to the surviving owner unless the account says otherwise. On the pay on death designation: a payable on death account passes to the named beneficiary at the owner's death. West Virginia's account law differs by institution (banks, savings banks and savings associations; credit unions); this is the bank's rule.

West Virginia has no general statute making a payable-at-death provision in a written instrument nontestamentary. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.

An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another. A retirement account with no beneficiary named is part of the probate estate.

Survivorship title in West Virginia: West Virginia's survivorship vestings are a joint tenancy or tenancy by the entireties whose deed shows the share of the one dying belongs to the others, and ownership in names joined by "or"; otherwise a joint owner's share passes as if held in common. When an estate is administered, the personal representative's appraisement lists real estate held with right of survivorship, and the county clerk records it. West Virginia recognizes the transfer on death deed: the home passes to the named beneficiary at the owner's death without probate. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.

In West Virginia, no transfer on death designation is titled on a vehicle. A vehicle in the owner's name alone is part of the probate estate; one titled in a revocable trust passes under the trust's terms.

Avoiding Probate in West Virginia

Probate reaches what a person owned in their own name alone at death, with no survivor, beneficiary or trust named to take it. That is the probate estate, and the will, or the intestacy statute where there is none, governs only that. In West Virginia an estate under $50,000 may be settled by Affidavit for Small Estate instead of a full probate.

Survivorship title in West Virginia: West Virginia's survivorship vestings are a joint tenancy or tenancy by the entireties whose deed shows the share of the one dying belongs to the others, and ownership in names joined by "or"; otherwise a joint owner's share passes as if held in common. When an estate is administered, the personal representative's appraisement lists real estate held with right of survivorship, and the county clerk records it. A home that passes to the surviving owner is outside probate.

West Virginia recognizes the transfer on death deed: the home passes to the named beneficiary at the owner's death without probate. A home retitled to a revocable trust passes under the trust's terms; the deed used is General Warranty Deed.

West Virginia's account law differs by institution (banks, savings banks and savings associations; credit unions); the bank's rule follows. At a death, the sums in a joint account belong to the surviving owner unless the account says otherwise. On the pay on death designation: a payable on death account passes to the named beneficiary at the owner's death. At a West Virginia bank, savings bank or savings and loan association, an account in two names joined by "or" is held with a right of survivorship unless it states otherwise. A payable on death account is paid to the surviving beneficiaries, or becomes part of the owner's estate if none survives.

West Virginia has no general statute making a payable-at-death provision in a written instrument nontestamentary. An employer plan is federal: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another.

In West Virginia, no transfer on death designation is titled on a vehicle; a vehicle in the owner's name alone is part of the probate estate, and one titled in a revocable trust passes under the trust's terms.

SimplyTrust Editorial·Updated November 2, 2026

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Data sourced from West Virginia statutes and official state code. How we research.

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How Do I Avoid Probate in West Virginia?

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