For anyone planning an estate in West Virginia or settling one: what a will or trust costs, whether an estate needs probate, what executors and trustees are paid, and the taxes on an inheritance, each answered under West Virginia law.
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Probate in West Virginia takes 6 months to 9 months for a simple estate and charges 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; assets held in a revocable trust skip both.
West Virginia authorizes transfer on death deedsW. Va. Code 36-12-1 to 36-12-17Verified Jul 15, 2026: a recorded, revocable deed that passes real property at death outside probate.
West Virginia does not offer a transfer-on-death designation on a vehicle title; a vehicle passes by will, trust, joint title, or 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.
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.
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.
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.
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
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.
Estimate the fair market value of household items for probate and see how it affects fees.
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.
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, 44-2-21Verified Sep 15, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
Settling a trust in West Virginia happens outside court: the trustee acts under the state's Uniform Trust CodeW. Va. Code § 44D-1-101 et seq.Verified Jul 15, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
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) (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 to file claims after notice.