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Home→Tools→Executor Fee Calculator→West Virginia

How Much Does an Executor Get Paid in West Virginia?

Calculate how much an executor (personal representative) can charge for administering an estate. Fees vary by state law.

Frequently Asked Questions

West Virginia sets executor compensation by statute.W.Va. Code § 44-4-12A (5% on first $100K, 4% on $100K-$400K, 3% on $400K-$800K, 2% above $800K; plus 1% on unsold real estate and non-administered federally taxable property per § 44-4-12A(b))Verified May 27, 2026 The fee schedule is based on the gross value of the estate. Executors and beneficiaries may agree to a different amount, but the statutory schedule provides the default.

Yes. Executors in West Virginia can waive their fee entirely or accept a reduced amount. Family members serving as executor often waive compensation, particularly when they are also beneficiaries of the estate. Waiving the fee reduces the overall cost of probate and increases the amount available for distribution to beneficiaries.

West Virginia requires executors to post a surety bond.W.Va. Code § 44-1-7Verified May 27, 2026 The bond requirement can be waived in the will or by court order. The typical annual bond premium is approximately 0.5% of the estate value. The bond protects beneficiaries against executor misconduct or mismanagement.

An executor in West Virginia is responsible for filing the will with the probate court, inventorying assets, notifying creditors, paying debts and taxes, and distributing remaining assets to beneficiaries.W.Va. Code §§ 44-1A-1 (small estate definition), 44-1A-2 (waiting periods), 44-1-14a (publication & creditor claims), 44-4-12a (executor commission schedule), 44-3A-4a (short form settlement), 44-1-7 (bond), 44-1-8 (bond waiver)Verified May 27, 2026 The process typically takes 6-9 months for simple estates and 9-15 months on average. The 2-month creditor claim period sets a minimum timeline. The West Virginia executor checklist outlines each step.

Executor fees and attorney fees are separate costs in West Virginia probate. Attorney fees are based on reasonable compensation.W.Va. Code § 44-4-12 (reasonable compensation for attorneys; no statutory attorney fee schedule)Verified May 27, 2026 Executor compensation is calculated separately from attorney fees. Both fees are paid from the estate before distribution to beneficiaries.

Total probate costs in West Virginia include executor fees, attorney fees, court filing fees, publication costs, and potentially bond premiums. Executor compensation is one component of the overall expense. The total typically ranges from 3-8% of the estate value depending on complexity. Use the West Virginia probate calculator for a complete cost estimate.

The West Virginia statutory schedule for executor compensation is: 5% on the first $100K, 4% on the next $300K, 3% on the next $400K, 2% on amounts above $800K.W.Va. Code § 44-4-12A (5% on first $100K, 4% on $100K-$400K, 3% on $400K-$800K, 2% above $800K; plus 1% on unsold real estate and non-administered federally taxable property per § 44-4-12A(b))Verified May 27, 2026 The fee applies to the gross value of the probate estate. Extraordinary services may warrant additional compensation as approved by the court.

Executor Fees in West Virginia

West Virginia sets executor compensation by statute, providing a predictable fee schedule based on the gross estate value. The typical range is 2%W.Va. Code § 44-4-12A (5% on first $100K, 4% on $100K-$400K, 3% on $400K-$800K, 2% above $800K; plus 1% on unsold real estate and non-administered federally taxable property per § 44-4-12A(b))Verified May 27, 2026 to 5%W.Va. Code § 44-4-12A (5% on first $100K, 4% on $100K-$400K, 3% on $400K-$800K, 2% above $800K; plus 1% on unsold real estate and non-administered federally taxable property per § 44-4-12A(b))Verified May 27, 2026 of the estate. Executors can waive their fee or negotiate a different amount with beneficiaries.

In addition to executor fees, West Virginia may require a surety bond (YesW.Va. Code § 44-1-7Verified May 27, 2026). Bond premiums run approximately 0.5%W.Va. Code § 44-1-7Verified May 27, 2026 of the estate value per year. The requirement is waivable (YesW.Va. Code § 44-1-7Verified May 27, 2026), which reduces overall costs.

Attorney fees are a separate probate cost in West Virginia. The attorney fee type is reasonable compensationW.Va. Code § 44-4-12 (reasonable compensation for attorneys; no statutory attorney fee schedule)Verified May 27, 2026. Together, executor and attorney fees account for the largest share of probate expenses. The West Virginia executor checklist details each responsibility and the typical timeline.

The probate timeline in West Virginia starts at 6 monthsW.Va. Code §§ 44-1A-1Verified May 27, 2026 for straightforward estates and can extend to 9 monthsW.Va. Code §§ 44-1A-1Verified May 27, 2026 or longer with complications. Executor fees are typically disbursed at final distribution.

SimplyTrustSimplyTrust Editorial·Updated May 27, 2026

Legal Sources

  • W.Va. Code § 44-1-7
  • W.Va. Code § 44-4-12 (reasonable compensation for attorneys; no statutory attorney fee schedule)
  • W.Va. Code § 44-4-12A (5% on first $100K, 4% on $100K-$400K, 3% on $400K-$800K, 2% above $800K; plus 1% on unsold real estate and non-administered federally taxable property per § 44-4-12A(b))
  • W.Va. Code §§ 44-1A-1

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

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West Virginia Estate Planning Resources

In-depth guides covering West Virginia probate laws, trust requirements, and estate planning strategies.

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Total value of estate assets before debts. Executor fees are calculated on gross value.

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Executor fees (also called personal representative compensation) are calculated on gross estate value. This calculator provides educational estimates only and does not constitute legal or financial advice. Executors may waive their fee. Family members serving as executor often do so without compensation. Consult a licensed attorney for guidance specific to your situation.

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