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West Virginia Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in West Virginia.

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Types of Probate in West Virginia

West Virginia probate is handled at the county level by the county commission and the clerk of the county commission, with oversight by a fiduciary supervisor and, for larger or contested estates, a fiduciary commissioner. The path depends on estate value: collection by affidavit under the West Virginia Small Estate Act (W. Va. Code 44-1A) for the smallest estates, a full administration that settles without reference to a fiduciary commissioner when the appraisement is $200,000 or less (W. Va. Code 44-1-14a), and a full administration referred to a fiduciary commissioner for larger or contested estates. West Virginia has no separate probate court and imposes no probate tax and no state estate or inheritance tax.

See the full comparison of West Virginia probate typesWhich procedures exist, who qualifies, and how the timelines compare.
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Find your county

West Virginia Probate Filing Offices by County

Choose your county to get its probate court contacts, filing fees, and required forms. 55 counties have detailed data.

Full data available: BarbourFull data available: BerkeleyFull data available: BooneFull data available: BraxtonFull data available: BrookeFull data available: CabellFull data available: CalhounFull data available: ClayFull data available: DoddridgeFull data available: FayetteFull data available: GilmerFull data available: Grant
Show all 55 counties
Full data available: GreenbrierFull data available: HampshireFull data available: HancockFull data available: HardyFull data available: HarrisonFull data available: JacksonFull data available: JeffersonFull data available: KanawhaFull data available: LewisFull data available: LincolnFull data available: LoganFull data available: MarionFull data available: MarshallFull data available: MasonFull data available: McDowellFull data available: MercerFull data available: MineralFull data available: MingoFull data available: MonongaliaFull data available: MonroeFull data available: MorganFull data available: NicholasFull data available: OhioFull data available: PendletonFull data available: PleasantsFull data available: PocahontasFull data available: PrestonFull data available: PutnamFull data available: RaleighFull data available: RandolphFull data available: RitchieFull data available: RoaneFull data available: SummersFull data available: TaylorFull data available: TuckerFull data available: TylerFull data available: UpshurFull data available: WayneFull data available: WebsterFull data available: WetzelFull data available: WirtFull data available: WoodFull data available: Wyoming

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West Virginia Probate Guides

View all guides
West Virginia Probate Guide
WVJul 20, 2026

West Virginia Probate Guide

How to Avoid Probate in West Virginia
WVJul 20, 2026

How to Avoid Probate in West Virginia

West Virginia Probate Timeline
WVJul 20, 2026

West Virginia Probate Timeline

West Virginia Executor Duties
WVJul 20, 2026

West Virginia Executor Duties

Federal Estate Tax in West Virginia
WVJul 20, 2026

Federal Estate Tax in West Virginia

Selling Inherited Property in West Virginia
WVJul 20, 2026

Selling Inherited Property in West Virginia

Browse West Virginia guide topics

Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.

Probate Basics

4

Executor Duties

4

Taxes & Deadlines

7

Planning Documents

7

Property Transfer

1

Avoiding Probate

3
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West Virginia Probate Self-Help and Online Resources

West Virginia Estate Law Overview

West Virginia Estate Tax Info

West Virginia has no state estate tax, no inheritance tax, no gift tax, and no probate tax. It does have a state income tax, so estate administration may still involve final and fiduciary income tax returns.

No
State Estate Tax
No
Inheritance Tax
Yes
State Income Tax
Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Intestate succession determines who receives probate property when a West Virginia resident dies without a valid will.

View spouse inheritance rules
No descendant of the decedent survives the decedent100%

Under W. Va. Code 42-1-3(a)(1), the surviving spouse receives the entire intestate estate when no descendant of the decedent survives, even if a parent of the decedent survives.

All of the decedent's surviving descendants are also descendants of the surviving spouse, and the surviving spouse has no other surviving descendant100%

Under W. Va. Code 42-1-3(a)(2), when every surviving descendant is shared with the surviving spouse and the spouse has no other descendant who survives, the spouse receives the entire intestate estate.

All of the decedent's surviving descendants are also descendants of the surviving spouse, but the surviving spouse has one or more surviving descendants who are not descendants of the decedent3/5

Under W. Va. Code 42-1-3(b), the surviving spouse takes three-fifths of the intestate estate in this blended-family scenario.

One or more of the decedent's surviving descendants are not descendants of the surviving spouse (for example, children from a prior relationship)1/2

Under W. Va. Code 42-1-3(c), the surviving spouse takes one-half of the intestate estate when any of the decedent's surviving descendants is not also a descendant of the spouse.

View order of inheritance (no spouse)
  1. 1Descendants of the decedentThe share not passing to a surviving spouse, or all if no spouse, taken by representation
  2. 2Parents (equally if both survive, or the surviving parent)If no descendant survives, the estate passes to the decedent's parents equally, or to the surviving parent
  3. 3Descendants of the decedent's parents (siblings and their descendants)If no descendant or parent survives, the estate passes to the descendants of the decedent's parents by representation
  4. 4Grandparents and their descendants (aunts, uncles, cousins)If no descendant, parent, or descendant of a parent survives, the estate is split into paternal and maternal halves and passes to the grandparents and their descendants on each side by representation

West Virginia Homestead Protection

West Virginia homestead protection is a limited statutory and constitutional creditor exemption, not an unlimited homestead system and not a probate homestead allowance. Under W. Va. Const. art. VI, 48 and W. Va. Code 38-9-1, a householder or head of a family owning a homestead has a homestead exemption of $5,000. A separate cap under W. Va. Code 38-8-1 limits total exempt personal property to $15,000. Debtors in bankruptcy use West Virginia's own exemption schedule under W. Va. Code 38-10-4. Separately, W. Va. Code 11-6B provides a property-tax homestead exemption of the first $20,000 of assessed value for owner-occupants age 65 or older or permanently and totally disabled.

$20,000
Property Tax Exemption
Creditor protection: read the statute text

$5,000 homestead (real property used as a residence), plus a separate $15,000 aggregate cap on exempt personal property under W. Va. Code 38-8-1

Statute: W. Va. Code 38-9-1; W. Va. Code 38-8-1

Size limits & qualifications

Inside city limits: No acreage split modeled

Outside city limits: No acreage split modeled

Property types: Owner-occupied residence (real property), Personal property within the $15,000 aggregate exemption cap

Restrictions on leaving homestead in will

With spouse, no minor children:

No state-level homestead devise restriction modeled here; review the elective share (W. Va. Code 42-3-1 et seq.), title, and creditor issues separately.

With minor children:

No state-level homestead devise restriction modeled here. West Virginia has no probate homestead allowance for minor children; support rights arise through guardianship and the elective share analysis rather than a devise restriction.

Exempt Property

West Virginia does NOT provide the Uniform Probate Code estate allowances (family allowance, exempt-property allowance, homestead allowance). A surviving spouse's principal estate protection is the elective share of the augmented estate under W. Va. Code 42-3-1 et seq. Separately, West Virginia debtors and their dependents have creditor exemptions under Chapter 38 (homestead, personal property, and bankruptcy exemptions).

View exempt items
Homestead Exemption (creditor)
A householder or head of a household owning a homestead has a $5,000 homestead creditor exemption under W. Va. Code 38-9-1 and W. Va. Const. art. VI, 48. This is a creditor exemption, not an estate homestead allowance.
$5,000
Personal Property Aggregate Cap (creditor)
Under W. Va. Code 38-8-1, an individual residing in the state, or the dependent of such individual, may not exempt from execution or other process more than $15,000 in the aggregate in personal property.
$15,000 aggregate
Bankruptcy Exemptions
West Virginia has opted out of the federal bankruptcy exemptions. Debtors use West Virginia's own schedule under W. Va. Code 38-10-4, which includes a residence/homestead exemption, motor vehicle, household goods, tools of the trade, wildcard, and other categories, each with its own dollar cap. Verify the current caps in W. Va. Code 38-10-4.
Statutory item caps under W. Va. Code 38-10-4; verify current amounts
Wages
A portion of a debtor's wages is exempt from garnishment under W. Va. Code 38-5A-3 and related law. Verify the current exempt percentage.
Statutory percentage; verify current amount

West Virginia Probate Questions

How much does probate cost in West Virginia?
West Virginia probate filing fees vary by county and type of administration. According to West Virginia court fee schedules, filing fees typically range from $200-$500 depending on the procedure. Additional costs include certified copy fees, publication notice fees ($50-$200), and potential bond premiums. Attorney fees may be statutory or hourly depending on state law. Use our free West Virginia fee calculator for county-specific estimates.
How long does probate take in West Virginia?
The timeline varies by path in West Virginia. A full administration typically runs about 6 to 12 months and stays open at least through the 60-day creditor-claim period that runs from the first publication of the notice of administration (W. Va. Code 44-1-14a), and the personal representative files the appraisement of the estate within 90 days of qualification (W. Va. Code 44-1-14). The small estate affidavit under the West Virginia Small Estate Act can be used 30 days after death by a successor nominated as personal representative, or 60 days after death by another successor.
Do I need an attorney for probate in West Virginia?
West Virginia law does not require a personal representative to hire an attorney, and many estates settle through the fiduciary supervisor without one. Counsel is recommended for estates referred to a fiduciary commissioner, contested matters, real estate that must be sold to pay debts, or whenever you are unsure which procedure applies. Consult a licensed West Virginia attorney for advice about your own situation.
Are these West Virginia probate resources county-specific?
No. This map shows state-level source links from Settled data. Use it with the West Virginia county page and the county office handling the estate before filing.
Which West Virginia source should I use first?
Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.
Does the West Virginia Probate Resource Map replace attorney review?
No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.