How Do I Name a Guardian for My Minor Children in West Virginia?
In West Virginia, a parent names a guardian for a minor child in a willW. Va. Code §§ 44-10-1, 44-10-2, 44-10-3Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18W. Va. Code § 2-3-1Verified Sep 16, 2026View source.
In West Virginia, a parent names a guardian for a minor child in a willW. Va. Code §§ 44-10-1, 44-10-2, 44-10-3Verified Sep 16, 2026View source. It needs your signature, and the nomination covers the child until the age of majority, 18W. Va. Code § 2-3-1Verified Sep 16, 2026View source. It can be recorded alongside the rest of an estate plan when you create a revocable living trust.
When a parent has named a guardian, the nomination is one factor the court weighs in deciding the child's best interestW. Va. Code §§ 44-10-1, 44-10-2, 44-10-3Verified Sep 16, 2026View source. A backup guardian named in the same document applies if the first choice cannot serve.
No. West Virginia makes the guardian nomination through a will or the guardianship petition rather than a standalone declarationW. Va. Code §§ 44-10-1, 44-10-2, 44-10-3Verified Sep 16, 2026View source; a guardian is named in the will or in the guardianship petition.
Yes. West Virginia allows a Power of Attorney to Delegate Parental or Legal Custodian Powers (with a qualified nonprofit organization), under which any adult can be authorized for a limited time (up to 1 year) without transferring custodyW. Va. Code §§ 49-8-3, 49-8-4Verified Sep 16, 2026View source.
In West Virginia, a child 14 or older may choose their guardian, subject to the court's approvalW. Va. Code § 44-10-4Verified Sep 16, 2026View source.
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New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Learn moreForms for Planning Your Estate in West Virginia
Free forms for planning your estate in West Virginia: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In West Virginia, a will is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitW.Va. Code § 41-1-3Verified Oct 19, 2026View source.
Healthcare Power of Attorney
West Virginia requires 2W. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source witnesses and notarizationW. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source for a healthcare power of attorney.
Financial Power of Attorney
West Virginia treats a power of attorney as durable by defaultW.Va. Code § 39B-1-105Verified Sep 20, 2026View source, and it is signed before a notaryW.Va. Code § 39B-1-105Verified Sep 20, 2026View source.
Transfer on Death Deed
In West Virginia, a transfer on death deed is signed before a notaryW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source, then recorded with the county before the owner's deathW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source.
Living Will
In West Virginia, the living will is the Living WillW. Va. Code Chapter 16, Article 30 (West Virginia Health Care Decisions Act), §§ 16-30-1 to 16-30-25; execution and forms § 16-30-4Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Tools for Planning Your Estate in West Virginia
Free tools for planning your estate in West Virginia: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Much Does a Will Cost?
An attorney-prepared will in West Virginia runs $861Estimate: 3 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,722Estimate: 6 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $30,331W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source.
Trust or Will: Which Costs Less?
In West Virginia, a will-based plan pays probate attorney fees of typically 1.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source to 2.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in West Virginia runs $2,870Estimate: 10 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,305Estimate: 15 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $861Estimate: 3 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,722Estimate: 6 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In West Virginia, four years at a public university cost about $81,076NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 10% below the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo 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.
Are My Beneficiary Designations Protected?
West Virginia does not revoke an ex-spouse as beneficiary at divorceW. Va. Code § 41-1-6Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
How Much Does Probate Cost?
Probate on a $500,000 estate in West Virginia costs an estimated $30,331W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source. Attorney fees run 1.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source to 2.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source of the estate under a reasonable-compensation standard.
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West Virginia Estate Planning Resources
In-depth guides covering West Virginia probate laws, trust requirements, and estate planning strategies.