West Virginia Probate Cost: County Fees and a Statutory Commission
West Virginia charges county clerk recording and probate fees to open an estate rather than one statewide graduated filing fee, and it imposes no probate tax and no state estate or inheritance tax. The larger costs are the personal representative’s statutory commission and, for a referred estate, the fiduciary commissioner fee.
Opening a decedent’s estate in West Virginia costs the clerk of the county commission’s recording and probate fees, which are built from a flat statutory recording fee of about $10 per instrument under West Virginia Code § 59-1-10, bundled across the will, the oath, the list of heirs, and the appraisement. That bundled cost is documented at about $44 to $100 to open a full estate and about $14 to $56 for a small estate, and it varies by county and by will length. A $20 clerk fee publishes the notice of administration under West Virginia Code § 44-1-14a, and the fiduciary supervisor collects a $10 fee for a short form settlement under West Virginia Code § 44-3A-4a.
West Virginia imposes no probate tax and no state estate, inheritance, or gift tax, so the value-linked costs are the personal representative’s statutory commission and, for a referred estate, the fiduciary commissioner fee. Under West Virginia Code § 44-4-12a the personal representative’s commission follows a value-bracket scale 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, plus 1% on real estate that is not sold and 1% on nonprobate property includable for the federal estate tax, with no commission on joint and survivorship property. A full administration settles without a fiduciary commissioner when the appraisement is $200,000 or less; above that the county commission refers the estate to a fiduciary commissioner whose fee is capped at $300 plus expenses by default under West Virginia Code §§ 44-2-1 and 59-1-9.
Quick Summary
- Filing to open
- $44 to $100County clerk recording and probate fees
- Small estate limit
- $50,000 / $100,000Personal property / West Virginia real estate
- PR commission
- StatutoryValue-bracket scale (West Virginia Code § 44-4-12a)
- Estate / Inheritance Tax
- $0West Virginia has none
West Virginia probate is filed with the clerk of the county commission in the county where the person lived, and there is no separate probate court. The clerk recording fee is a flat statutory amount, but the total to open an estate varies by county because counties record several instruments and add local surcharges, and the fiduciary commissioner fee schedule is set by each county commission under West Virginia Code § 59-1-9. Confirm the current opening cost and any fiduciary commissioner schedule with the clerk of the county commission before filing.
Typical Total Cost Ranges
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| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Small Estate Affidavit | Probate personal property of $50,000 or less and no probate real property (a small estate with West Virginia real estate of $100,000 or less uses the separate recorded-affidavit path under § 44-1A-4), under West Virginia Code § 44-1A-2 | A reduced county small-estate cost, about $14 to $56, and no bond | 30 days after death for a successor nominated in the will; 60 days for any other successor | No | Small estates with personal property of $50,000 or less and no probate real property, settled without appointing a personal representative (a small estate with real estate up to $100,000 uses the separate § 44-1A-4 recorded affidavit) |
| Full Administration Settled Without a Fiduciary Commissioner | Appraisement of $200,000 or less, exclusive of real estate specifically devised and nonprobate assets, or a single competent beneficiary (West Virginia Code § 44-1-14a) | About $44 to $100 to open, plus a $20 publication fee and a $10 short form settlement fee | A 90-day appraisement deadline and a 60-day published claim period, so commonly several months | No statewide requirement; counsel is common | Estates within the $200,000 appraisement threshold, or with a single competent beneficiary, that settle before the fiduciary supervisor |
| Full Administration Referred to a Fiduciary Commissioner | No dollar cap. Used above the $200,000 appraisement threshold, or on a requested reference, a filed creditor claim, or a contest | The county opening fees plus a fiduciary commissioner fee capped at $300 plus expenses by default (West Virginia Code §§ 44-2-1, 59-1-9) | Commonly longer, because the fiduciary commissioner audit and any claim disputes are resolved before confirmation | No statewide requirement; counsel is common in larger or contested estates | Larger estates above $200,000, or estates with contested claims or a requested reference |
Additional Costs to Expect
Personal Representative Commission
The personal representative is allowed 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 separate 1% applies to real estate that is not sold and 1% to nonprobate property includable for the federal estate tax, and no commission is allowed on joint and survivorship property. A will may override these amounts by express language.
Fiduciary Commissioner Fee
When the appraisement is above $200,000, or a party requests reference or a creditor files a claim, the county commission refers the estate to a fiduciary commissioner who audits the claims and the accounting. The fee is set by a schedule the county commission adopts under West Virginia Code § 59-1-9, based on actual time and services, and is capped at $300 plus expenses by default under West Virginia Code § 44-2-1, higher only with the personal representative’s approval or a county-commission actual-time determination.
Clerk Recording and Publication Fees
The clerk of the county commission charges a flat recording fee of about $10 per instrument plus $1 per page over five pages under West Virginia Code § 59-1-10, with a deed of conveyance at $30 and a trustee’s report of sale at $40. A $20 clerk fee publishes the notice of administration under West Virginia Code § 44-1-14a. The newspaper sets its own Class II legal-advertisement charge on top of the clerk fee.
Short Form Settlement
The fiduciary supervisor collects a $10 fee for recording and mailing a short form settlement under West Virginia Code § 44-3A-4a, and retains it for 10 days so a distributee or beneficiary may object or request reference to a fiduciary commissioner.
Certified Copies
A certified copy of a death certificate costs $12 from the state, and the clerk of the county commission charges $5 for a certified copy of a death, birth, or marriage record it holds under West Virginia Code § 59-1-10. Order several certified death certificates early, because banks and transfer agents each want their own.
State Estate and Inheritance Tax
West Virginia imposes no probate tax on the value of an estate, no state estate tax, no inheritance tax, and no gift tax. Only the federal estate tax can reach a West Virginia estate, and only above the federal exemption.
Bond, Appraisal, and Professional Fees
A fiduciary bond may be required unless the will or the county commission waives it, with the premium set by the surety. Real estate, business interests, or unusual personal property may need appraisal for the appraisement filed within 90 days, and final individual and fiduciary income tax filings may need professional help. These costs depend on the estate and are set outside the fee statutes.
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The West Virginia Medicaid estate recovery guide explains when that applies.