What Is the Estate's Personal Property Worth for Probate in West Virginia?
Estimate the fair market value of household items for the West Virginia estate inventory — what furniture, electronics, and appliances would sell for today, not what was paid.
Personal property in West Virginia is valued at fair market value: what the item would sell for on the open market as of the date of death, not what it cost. Most household goods (furniture, electronics, clothing) resell for a small fraction of their purchase price. Art, collectibles, jewelry and other high-value items are valued by a professional appraisal. West Virginia requires a formal appraisal of estate propertyW. Va. Code § 44-1-14Verified Sep 15, 2026View source.
No. An executor in West Virginia can group low-value household goods into a single inventory line, such as "household furnishings and personal effects", while jewelry, art, vehicles and collectibles are listed individually. Each value is fair market value as of the date of death.
In West Virginia, the executor files the estate inventory within 90 daysW. Va. Code § 44-1-14Verified Sep 15, 2026View source of appointment. West Virginia requires a supplemental inventory for assets discovered laterW. Va. Code § 44-1-14Verified Sep 15, 2026View source.
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. The test is the value of the personal property, so an inventory at fair market value is what decides eligibility.
High-value items such as art, antiques, jewelry and collectibles are appraised by a qualified professional, while ordinary household items (furniture, electronics, appliances, clothing) are valued from comparable sales. West Virginia requires a formal appraisal of estate propertyW. Va. Code § 44-1-14Verified Sep 15, 2026View source.
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Forms 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.
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) (claims "must be filed within sixty days of the date of first publication"); § 44-3A-4(b) (same sixty days in fiduciary-supervisor counties). The period runs from first publication by the clerk, not from death or qualification.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 Much Can an Executor Charge?
West Virginia sets executor compensation by statute — about $20,000 on a $500,000 estate, roughly 4.0%W.Va. Code § 44-4-12a(a) — 5% on the first $100K, 4% above $100K and not exceeding $400K, 3% above $400K and not exceeding $800K, 2% above $800K. The schedule applies to "all the personal estate which is subject to administration, including the income from the personal estate, that is received and accounted for by them and upon the proceeds of real estate that is sold" — NOT to the whole gross estate. Real estate that is NOT sold draws a separate 1% commission, as does non-administered property includable for federal estate tax, and "no commission shall be allowed on joint and survivorship property, whether real or personal" (§ 44-4-12a(b)). The county commission may reduce the commission for unfaithful discharge or increase it for extraordinary services (§ 44-4-12a(d)), and a testator may vary it by express will language (§ 44-4-12a(f)). Verified 2026-09-09.Verified Sep 9, 2026View source.
Can I Self-File Probate?
West Virginia has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableW.Va. Code § 44-12-1 (clerk of the county commission may admit wills to record and appoint and qualify executors and administrators in vacation, ex parte; contests stand continued to the county commission); § 44-1-4(a) (jurisdiction in the county commission or its clerk during recess)Verified Sep 9, 2026View source.
How Do I Get Appointed as Executor?
In West Virginia, the County Commission appoints the personal representative and the Clerk of the county commission issues Letters Testamentary or Letters of Administration; an informal (registrar) track is availableW.Va. Code § 44-12-1 (clerk of the county commission may admit wills to record and appoint and qualify executors and administrators in vacation, ex parte; contests stand continued to the county commission); § 44-1-4(a) (jurisdiction in the county commission or its clerk during recess)Verified Sep 9, 2026View source.
What Are the Creditor Claim Deadlines?
In West Virginia, the 2 monthsW.Va. Code § 44-1-14a(a)(7) (claims "must be filed within sixty days of the date of first publication"); § 44-3A-4(b) (same sixty days in fiduciary-supervisor counties). The period runs from first publication by the clerk, not from death or qualification.Verified Sep 9, 2026View source period after first publication of the creditor notice protects a representative who distributes after it; late claims can still reach undistributed assets.
What Happens When an Estate Is Insolvent?
When an estate owes more than it holds, West Virginia pays the claims in 7W. Va. Code § 44-2-21Verified Sep 23, 2026View source classes in statutory order, beginning with costs and expenses of administration.
How Do I Open an Estate Account When Someone Dies?
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
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 Settlement Resources
In-depth guides covering West Virginia probate, estate administration, and settling an estate.