How Much Are Estate & Inheritance Taxes in West Virginia?
West Virginia levies no estate or inheritance taxNo state estate or inheritance tax. The West Virginia Estate Tax Act (W. Va. Code ch. 11, art. 11) is a pick-up tax keyed to the federal credit for state death taxes, and § 11-11-39 provides that the article "shall remain in force and effect until ... [t]he government of the United States ceases to allow credit against its estate tax for payment of state death taxes." Congress eliminated that credit for deaths on or after January 1, 2005 (EGTRRA 2001), so the tax computes to $0. West Virginia has no inheritance tax and no gift tax.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
Frequently Asked Questions
No. West Virginia does not impose a state estate tax or inheritance tax. Only the federal estate tax applies, and it affects estates exceeding $15 million (2026). The One Big Beautiful Bill Act (P.L. 119-21 §70106) permanently set this exemption starting in 2026, indexed for inflation.
The federal estate tax exemption is $15 million per person (2026), with a top rate of 40%. Married couples can effectively shield $30 million using portability of the unused spousal exemption. The One Big Beautiful Bill Act (P.L. 119-21 §70106) permanently set this exemption starting in 2026, indexed for inflation.
Death taxes (estate and inheritance taxes) are separate from probate costs. Probate costs include attorney fees, executor fees, court filing fees, and publication costs. Death taxes are owed to the state or federal government on the value of the estate or inheritance. Both can apply to the same estate. Use the West Virginia probate calculator to estimate probate costs separately.
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