Skip to main content

West Virginia Executor Compensation Calculator

West Virginia sets ordinary compensation by statute: a value-bracket commission scale on the personal estate administered plus the proceeds of real estate sold, with a 1% add-on for real estate that is not sold and for nonprobate property includable for the federal estate tax.

Loading calculator...

Does this estate need probate at all?

Executor pay only applies once the process is clear. Answer a few questions to see whether West Virginia probate is likely.

Take the 2-minute assessment
What the Calculator Uses in West VirginiaThe method behind the estimate, and what it leaves out

For West Virginia, this page applies the West Virginia Code § 44-4-12a value-bracket commission scale (5% of the first $100,000, 4% of the next $300,000, 3% of the next $400,000, and 2% over $800,000) to the personal estate administered plus the proceeds of real estate sold. It does not include the separate 1% on real estate that is not sold or on nonprobate property, the fiduciary commissioner fee, or attorney fees, which West Virginia does not set on a statutory schedule.

The estimate is a starting point, not a guaranteed fee. Courts can still review the work performed, the estate documents, and whether the representative is seeking compensation for services beyond the ordinary baseline.

What affects the feeOrdinary rules, extraordinary services, and tax consequences

Ordinary Fee Rule

The estimate begins with the state-specific ordinary compensation method, not a one-size-fits-all national formula.

Extraordinary Services

Sales of real property, business management, litigation, tax work, and unusual court proceedings can justify additional compensation in some estates.

Tax Consequences

Executor compensation is usually treated differently from the inheritance itself, which is why many fiduciaries consider whether waiving the fee creates a better tax result.

Frequently Asked Questions

How much does a personal representative get paid in West Virginia?
In West Virginia, West Virginia Code § 44-4-12a sets a statutory commission of 5% of the first $100,000, 4% of the next $300,000, 3% of the next $400,000, and 2% of everything over $800,000, computed on the personal estate administered plus the proceeds of any real estate sold. A personal representative settling a $300,000 estate of personal property would be allowed about $13,000. A will may override these amounts by express language.
What are the 1% add-ons in West Virginia?
Beyond the graduated scale, West Virginia Code § 44-4-12a allows a commission of 1% on the value of real estate that is not sold and 1% on nonprobate property that is includable for computing the federal estate tax. No commission is allowed on joint and survivorship property, whether real or personal. This page shows the graduated scale on the personal estate and does not add the separate 1% amounts.
Is the attorney fee separate in West Virginia?
Yes. West Virginia does not set a statutory attorney-fee schedule for estates, so the estate attorney’s fee is a reasonable amount for the work performed, separate from the personal representative’s statutory commission. Confirm the fee arrangement in writing at the start of the engagement.
Does the will control compensation in West Virginia?
Under West Virginia Code § 44-4-12a, a testator may deviate from the statutory commission by express language in the will. If the will fixes the personal representative’s compensation, that provision governs; otherwise the statutory value-bracket scale applies.
Is executor compensation taxable in West Virginia?
Executor compensation is usually taxable income, separate from an inheritance. Review the income-tax and estate-accounting effects before taking or waiving a fee.
Can a personal representative waive their fee in West Virginia?
A personal representative can choose to waive compensation. That choice should be documented because it can affect income tax, estate accounting, and beneficiary expectations, especially when the representative is also a beneficiary.
Official Sources and Further ReadingOfficial references used for this page

Information current as of May 31, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in West Virginia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.