West Virginia Probate Types: Small Estate Affidavit vs Full Administration
West Virginia handles probate at the county level through the county commission, its clerk, and a fiduciary supervisor, with larger or contested estates referred to a fiduciary commissioner. The first question is whether a small estate can be settled by affidavit without appointing anyone, and if not, whether the full administration settles with or without reference to a fiduciary commissioner.
Compare eligibility, timing, court involvement, and local verification points
How to Compare West Virginia Probate Types
West Virginia does not use a separate probate court and does not route probate through a circuit court clerk. The executor named in a will, or an administrator when there is no will, qualifies before the clerk of the county commission, and a fiduciary supervisor oversees ordinary administration. West Virginia calls both the personal representative. Real estate generally vests in the heirs or devisees at death and is administered only if it is needed to pay debts.
The dollar tests come first. Under the West Virginia Small Estate Act (West Virginia Code § 44-1A-2) a successor may settle a small estate by affidavit, without appointment and without a bond, when the probate personal property is $50,000 or less and the decedent owned no probate real property. Above those limits a full administration opens. A full administration settles without reference to a fiduciary commissioner when the appraisement is $200,000 or less, exclusive of real estate specifically devised and nonprobate assets, or when there is a single competent beneficiary; otherwise, or on a request for reference or a filed claim, the county commission refers the estate to a fiduciary commissioner who audits the claims and the accounting.
Small Estate Affidavit vs Full Administration at a Glance
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| Category | Small Estate Affidavit | Full Administration | Winner |
|---|---|---|---|
| Small estate | The affidavit settles a small estate with no appointment and no bond, 30 or 60 days after death | A full administration qualifies a personal representative and publishes notice to creditors | Small Estate Affidavit |
| Estate size | Capped at $50,000 personal and $100,000 real for the affidavit | No dollar cap on a full administration, referred to a fiduciary commissioner above $200,000 | Small Estate Affidavit |
| Real estate | The § 44-1A-2 affidavit is personal-property only; small-estate real estate up to $100,000 uses the separate § 44-1A-4 recorded affidavit | A full administration handles real estate of any value, sold only if needed to pay debts | Tie |
| County costs | A reduced small-estate cost of about $14 to $56 and no fiduciary commissioner fee | About $44 to $100 to open, plus publication and, if referred, a fiduciary commissioner fee capped at $300 plus expenses | Small Estate Affidavit |
| Disputes and creditors | The affidavit gives no published creditor cutoff, so it suits clean, undisputed small estates | Published notice starts the 60-day creditor claim period, and a fiduciary commissioner audits contested claims | Full Administration |
Main West Virginia Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
Small Estate Affidavit West Virginia Code § 44-1A-2 | 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). No personal representative may be appointed or pending. | A reduced county small-estate cost, about $14 to $56 (West Virginia Code § 59-1-10) | 30 days after death for a successor nominated in the will; 60 days for any other successor; the successor may act for six months | Yes, up to the $100,000 real estate limit | No | Small estates within both the $50,000 personal and $100,000 real limits, with no need to appoint a personal representative |
Full Administration Settled Without a Fiduciary Commissioner West Virginia Code §§ 44-1-14a, 44-2-1 | Appraisement of $200,000 or less, exclusive of real estate specifically devised and nonprobate assets, or a single competent beneficiary. Settlement proceeds unless a party requests reference or a creditor files a claim within 60 days of first publication. | County clerk recording and probate fees, 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 | Yes | No statewide requirement; counsel is common | Estates within the $200,000 appraisement threshold, or with a single competent beneficiary, that can settle without a fiduciary commissioner audit |
Full Administration Referred to a Fiduciary Commissioner West Virginia Code §§ 44-2-1, 59-1-9 | No dollar cap. Used when the appraisement is above $200,000, or when a party in interest requests reference, an unpaid creditor files a claim, or the estate is contested. | The county opening fees plus a fiduciary commissioner fee capped at $300 plus expenses by default, higher only with the personal representative’s approval or a county-commission actual-time determination | Commonly longer, because the fiduciary commissioner audit and any claim disputes are resolved before confirmation | Yes | 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, that need a fiduciary commissioner audit |
Small Estate Affidavit
West Virginia Code § 44-1A-2
Small estates within both the $50,000 personal and $100,000 real limits, with no need to appoint a personal representative
Threshold: 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). No personal representative may be appointed or pending.
Filing Fee: A reduced county small-estate cost, about $14 to $56 (West Virginia Code § 59-1-10)
Timeline: 30 days after death for a successor nominated in the will; 60 days for any other successor; the successor may act for six months
Real Estate: Yes, up to the $100,000 real estate limit
Attorney: No
Full Administration Settled Without a Fiduciary Commissioner
West Virginia Code §§ 44-1-14a, 44-2-1
Estates within the $200,000 appraisement threshold, or with a single competent beneficiary, that can settle without a fiduciary commissioner audit
Threshold: Appraisement of $200,000 or less, exclusive of real estate specifically devised and nonprobate assets, or a single competent beneficiary. Settlement proceeds unless a party requests reference or a creditor files a claim within 60 days of first publication.
Filing Fee: County clerk recording and probate fees, about $44 to $100 to open, plus a $20 publication fee and a $10 short form settlement fee
Timeline: A 90-day appraisement deadline and a 60-day published claim period, so commonly several months
Real Estate: Yes
Attorney: No statewide requirement; counsel is common
Full Administration Referred to a Fiduciary Commissioner
West Virginia Code §§ 44-2-1, 59-1-9
Larger estates above $200,000, or estates with contested claims or a requested reference, that need a fiduciary commissioner audit
Threshold: No dollar cap. Used when the appraisement is above $200,000, or when a party in interest requests reference, an unpaid creditor files a claim, or the estate is contested.
Filing Fee: The county opening fees plus a fiduciary commissioner fee capped at $300 plus expenses by default, higher only with the personal representative’s approval or a county-commission actual-time determination
Timeline: Commonly longer, because the fiduciary commissioner audit and any claim disputes are resolved before confirmation
Real Estate: Yes
Attorney: No statewide requirement; counsel is common in larger or contested estates
* West Virginia imposes no probate tax and no state estate, inheritance, or gift tax. County costs are the clerk of the county commission recording and probate fees under West Virginia Code § 59-1-10 (about $10 per instrument, bundled to roughly $44 to $100 to open a full estate and $14 to $56 for a small estate), a $20 clerk fee to publish the notice of administration (West Virginia Code § 44-1-14a), and, for a referred estate, a fiduciary commissioner fee capped at $300 plus expenses by default (West Virginia Code §§ 44-2-1, 59-1-9). The personal representative’s statutory commission follows the value-bracket scale of West Virginia Code § 44-4-12a. Amounts vary by county, so confirm the current total with the clerk of the county commission.
Unfamiliar terms in the comparison? The West Virginia probate glossary defines them in plain language.
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