What Happens to Jointly Owned Property in West Virginia When an Owner Dies?
When a joint owner dies in West Virginia: West Virginia law names no affidavit or certificate to record when a joint tenant with right of survivorship or a tenant by the entireties dies. The deceased owner's share belongs to the survivor under the terms of the deedW. Va. Code chs. 36 (§§ 36-1-19 to 36-1-20a, art. 12), 37, 39 (§§ 39-1-2, 39-1-2a), 41, 42, 43, 44; arts. 11-2, 11-3, 11-4, 11-22, 16-5, 59-1Verified Oct 26, 2026View source.
West Virginia law names no affidavit or certificate to record when a joint tenant with right of survivorship or a tenant by the entireties dies. The deceased owner's share belongs to the survivor under the terms of the deedW. Va. Code chs. 36 (§§ 36-1-19 to 36-1-20a, art. 12), 37, 39 (§§ 39-1-2, 39-1-2a), 41, 42, 43, 44; arts. 11-2, 11-3, 11-4, 11-22, 16-5, 59-1Verified Oct 26, 2026View source.
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 itW. Va. Code chs. 36 (§§ 36-1-19 to 36-1-20a, art. 12), 37, 39 (§§ 39-1-2, 39-1-2a), 41, 42, 43, 44; arts. 11-2, 11-3, 11-4, 11-22, 16-5, 59-1Verified Oct 26, 2026View source.
West Virginia law names no affidavit, notice or acceptance for a transfer on death deed beneficiary to record. At the owner's death the interest passes to the designated beneficiary under the deed, and the deed's recording counts as made at the death for the lien and recording lawsW. Va. Code §§ 36-12-1 to 36-12-17; chs. 36, 37, 39, 41, 42, 43, 44; arts. 11-2, 11-3, 11-4, 11-11 (§ 11-11-7), 11-22, 16-5, 59-1Verified Oct 26, 2026View source.
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Learn moreForms 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.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In West Virginia, the notice to creditors is published for 2W. Va. Code §§ 44-1-14a, 44-2-4, 44-2-21, 44-2-26Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 2 monthsW.Va. Code § 44-1-14a(a)(7) (sixty days from the date of first publication); § 44-3A-4(b) (the same sixty days in fiduciary-supervisor counties)Verified Sep 9, 2026View source from first publication to present claims.
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.
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.
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.
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.
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 Many Death Certificates Do I Need?
In West Virginia, certified death certificates come from the West Virginia Department of Health - Vital Registration OfficeWest Virginia Department of Health - Vital Registration OfficeVerified Oct 15, 2026View source; the first copy costs $12West Virginia Department of Health - Vital Registration OfficeVerified Oct 15, 2026View source.
Do I Need Probate?
In West Virginia, estates with personal property of $50,000W.Va. Code § 44-1A-2Verified Sep 9, 2026View source or less use the Small Estate AffidavitW.Va. Code § 44-1A-2Verified Sep 9, 2026View source, 60 daysW.Va. Code § 44-1A-2Verified Sep 9, 2026View source after death, a court filing short of full probate.
Do I Have to File Tax Returns for Someone Who Died?
West Virginia requires a final state income tax return for the decedent alongside the federal Form 1040W. Va. Code § 11-21-4j; SB 392 (2026 Regular Session)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in West Virginia: the personal representative files the estate inventory within 90 daysW. Va. Code § 44-1-14Verified Sep 15, 2026View source of appointment; creditors have 2 monthsW. Va. Code §§ 44-1-14a, 44-2-4, 44-2-21, 44-2-26Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
What Do I Do When Someone Dies?
After a death in West Virginia, the estate either qualifies for the simplified procedure for estates under $50,000W.Va. Code § 44-1A-2Verified Sep 9, 2026View source or goes through probate, where creditors have 2 monthsW.Va. Code § 44-1-14a(a)(7) (sixty days from the date of first publication); § 44-3A-4(b) (the same sixty days in fiduciary-supervisor counties)Verified Sep 9, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
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.
What Taxes Apply to My Inheritance?
West Virginia imposes no inheritance or estate 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; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
Hire a West Virginia Probate Attorney
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West Virginia Estate Settlement Resources
In-depth guides covering West Virginia probate, estate administration, and settling an estate.