West Virginia Statewide Probate Guide

Settling an estate after losing someone is difficult. This guide covers what’s consistent across the whole state – thresholds, deadlines, and costs. For your specific county’s Clerk/Fiduciary Supervisor address and local filing details, see that county’s page.

Where Probate Happens

West Virginia probate runs through the County Clerk’s office (probate department) with oversight from the county’s fiduciary supervisor – the County Commission serves as the probate court in each county, rather than a circuit court. West Virginia doesn’t distinguish between “informal” and “formal” probate tracks the way UPC states do.

Step 1: Does The Estate Qualify For The Small Estate Affidavit?

West Virginia Small Estate Act (W. Va. Code §§ 44-1A-1, 44-1A-2)

The decedent’s personal probate property (“small assets”) must have an aggregate fair market value of $50,000 or less.
Real estate can also be included, presumed at 167% of the current assessed value on the county land books, as long as the will (if any) doesn’t specifically direct that real estate be sold rather than merely allowing a power to sell – a distinctive valuation and eligibility rule. Some sources describe the real estate cap around $100,000, though this is calculated via the presumption rule above rather than a flat separate number in all cases.
The decedent must have been a West Virginia resident, and the affidavit is filed in the county where they last lived.
Waiting period: 30 days after death if there’s a will and the applicant is the nominated personal representative; 60 days after death in other cases (e.g., no will, or the applicant isn’t the nominee).
If there’s a known will, the original must be attached and tendered for recording along with the affidavit.
Signed before a notary and submitted to the County Clerk, along with a certified death certificate; a modest filing fee applies (commonly in the $10-$15+ range, set under W. Va. Code § 59-1-10, though total costs including will/affidavit page fees can run higher).
The Clerk records the affidavit – the Clerk doesn’t “approve” it; responsibility for accuracy lies with the affiant.
Once issued, the Clerk mails copies to all beneficiaries, heirs, and any nominated personal representative, who then have 30 days to file a written objection; an objection can lead to rescission of the certificate and a shift to full probate.
The successor then presents the resulting Certificate and Authorization of Small Estate directly to whoever holds the property.
If it later turns out the estate doesn’t actually qualify (values exceed the threshold), the county clerk or fiduciary supervisor rescinds the certificate and full probate proceeds instead.

STEP 2: STANDARD ADMINISTRATION (for estates over the threshold)

File with the County Clerk in the relevant county; a personal representative is appointed.
The personal representative inventories assets, notifies creditors, and manages claims.
Creditors generally have a comparatively short 60-day window from first publication of notice to file claims – shorter than the 3-4 months common in many other states.

Timeline

Small estate affidavits can move relatively quickly once the applicable 30- or 60-day wait passes, though the 30-day objection window adds some time before the certificate is truly final. Full probate timelines vary, generally running longer given the standard administration steps, though many uncontested West Virginia estates can be handled without an attorney, especially with fiduciary supervisor assistance.

Taxes

West Virginia has no state estate tax and no state inheritance tax. Only the federal estate tax could apply, and only to very large estates (federal exemption $15 million per individual for 2026) – in practice, the overwhelming majority of West Virginia estates owe no estate-level tax at all, state or federal.

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Clerk/Fiduciary Supervisor address, phone number, and local filing details, visit that county’s page.