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Free · general informationWest Virginia

Probate in West Virginia

What West Virginia’s own law and courts say about probate, from how an estate comes before the court to when creditors must claim. Nothing on this page decides whether a particular estate needs probate. That question belongs to the court, or to an attorney in West Virginia.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

Where probate jurisdiction sits under the constitution, and what county court now means

the Legislature may provide that all matters of probate, the appointment and qualification of personal representatives, guardians, committees and curators, and the settlements of their accounts, shall be vested exclusively in circuit courts or their officers, but until such time as the Legislature provides otherwise, jurisdiction in such matters shall remain in the county commissions or tribunals existing in lieu thereof or the officers of such county commissions or tribunals.

to the county court of any county, such reference shall be read, construed and understood to mean the county commission.

West Virginia · general information · checked October 24, 2026 · W. Va. Const. art. VIII, §6; art. IX, §9

Which county probates the will, by where the person lived

The county court shall have jurisdiction of the probate of wills according to the following rules: (a) In the county wherein the testator, at the time of his death, had a mansion house or known place of residence; or

West Virginia · general information · checked October 24, 2026 · W. Va. Code §41-5-4(a)

Asking the county commission or its clerk to admit a will, and whether notice is given

any person may move the county court having jurisdiction, or the clerk thereof in the vacation of the court, for the probate of such will, and the court or the clerk thereof, as the case may be, may, without notice to any party, proceed to hear and determine the motion and admit the will to probate, or reject the same.

West Virginia · general information · checked October 24, 2026 · W. Va. Code §41-5-10

The affidavit naming who takes the estate, and the personal representative’s pay until it is filed

At the time of the qualification of an executor or administrator, the court or clerk before whom he qualifies shall require such executor or administrator to file his own affidavit, or the affidavit of some credible person, showing the names and, as far as possible, the addresses of the persons who would take any part of the estate…

The personal representative shall not receive any compensation for his services until such names and addresses be furnished by affidavit…

West Virginia · general information · checked October 24, 2026 · W. Va. Code §44-1-13

The appraisement on the Tax Commissioner’s form, its deadline, and the fine

After having taken the appropriate oath, the personal representative shall, on the appraisement form prescribed by the Tax Commissioner, list the following items…

shall be returned to the clerk of the county commission by whom the personal representative was appointed or to the fiduciary supervisor within ninety days of the date of qualification of the personal representative.

fined not less than $25 nor more than $500

West Virginia · general information · checked October 24, 2026 · W. Va. Code §44-1-14(b), (f), (h)

The notice to creditors the clerk publishes, the claim deadline, and its fee

the clerk of the county commission shall publish, once a week for two successive weeks, in a newspaper of general circulation within the county of the administration of the estate, a notice, which is to include:

(7) A statement that claims against the estate must be filed within sixty days of the date of first publication in accordance with article two or article three-a of this chapter;

(g) The clerk of the county commission shall collect a fee of $20 for the publication of the notice required in this section.

West Virginia · general information · checked October 24, 2026 · W. Va. Code §44-1-14a(a)(7), (g)

Claims not presented by the deadline in the notice

Every person including the State Tax Commissioner, having a claim against a deceased person, whether due or not, who has not, after notice to creditors has been published as prescribed in this article, presented his claim on or before the time fixed in such notice … shall … be barred from recovering such claim of or from the personal representative…

West Virginia · general information · checked October 24, 2026 · W. Va. Code §44-2-26

The fiduciary commissioner: when an estate is referred, the fee cap, and when the clerk records the appraisement instead

the estate of his or her decedent, by order of the county commission, must be referred to a fiduciary commissioner for proof and determination of debts and claims…

a fiduciary commissioner may not charge to the estate a fee greater than $300 and expenses for the settlement of an estate, except upon: (i) Approval of the personal representative; or (ii) a determination by the county commission…

(b) If the personal representative delivers to the clerk an appraisement of the assets of the estate showing their value to be $200,000 or less, exclusive of real estate specifically devised and nonprobate assets, or if it appears to the clerk that there is only one beneficiary of the probate estate and that the beneficiary is competent at law, the clerk shall record the appraisement.

West Virginia · general information · checked October 24, 2026 · W. Va. Code §44-2-1(a)–(b)

Counties that choose the fiduciary supervisor system

Any county commission which has not heretofore elected to proceed under provisions of this article may do so in accord with this section.

adoption of the fiduciary supervisor system as described in this article

West Virginia · general information · checked October 24, 2026 · W. Va. Code §44-3A-1(a)–(b)

The value threshold under the fiduciary supervisor system

(exclusive of real property, unless the will, if any, requires administration thereof) to be $100,000 or less

West Virginia · general information · checked October 24, 2026 · W. Va. Code §44-3A-5

What the person holding the will must do, how soon, and the penalty

A person having custody of a will shall, within thirty days after the death of the testator is known to him deliver such will to the clerk of the county court having jurisdiction of the probate thereof, or to the executor named in the will, who shall offer it for probate, or deliver it to the clerk, within a reasonable time.

guilty of a misdemeanor, and, on conviction, be punished by a fine not exceeding $200; and shall in addition be liable to any person interested in such will for all damages caused by such neglect.

West Virginia · general information · checked October 24, 2026 · W. Va. Code §41-5-1

What the clerk does once a will is delivered

the clerk shall notify by mail or otherwise the executor and the beneficiaries named in the will, of such delivery, and shall keep the same safe in his office until proceedings may be had for the probate thereof…

West Virginia · general information · checked October 24, 2026 · W. Va. Code §41-5-2

An affidavit that can take the place of testimony proving the will

may make and subscribe an affidavit before any officer authorized to administer oaths … stating such facts as would be required of them in testimony in court to establish and prove the will

West Virginia · general information · checked October 24, 2026 · W. Va. Code §41-5-15

The same page for other states

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FAQ

Common questions

the Legislature may provide that all matters of probate, the appointment and qualification of personal representatives, guardians, committees and curators, and the settlements of their accounts, shall be vested exclusively in circuit courts or their officers, but until such time as the Legislature provides otherwise, jurisdiction in such matters shall remain in the county commissions or tribunals existing in lieu thereof or the officers of such county commissions or tribunals.

to the county court of any county, such reference shall be read, construed and understood to mean the county commission.

West Virginia · general information · checked October 24, 2026 · W. Va. Const. art. VIII, §6; art. IX, §9

The county court shall have jurisdiction of the probate of wills according to the following rules: (a) In the county wherein the testator, at the time of his death, had a mansion house or known place of residence; or

West Virginia · general information · checked October 24, 2026 · W. Va. Code §41-5-4(a)

any person may move the county court having jurisdiction, or the clerk thereof in the vacation of the court, for the probate of such will, and the court or the clerk thereof, as the case may be, may, without notice to any party, proceed to hear and determine the motion and admit the will to probate, or reject the same.

West Virginia · general information · checked October 24, 2026 · W. Va. Code §41-5-10

the clerk of the county commission shall publish, once a week for two successive weeks, in a newspaper of general circulation within the county of the administration of the estate, a notice, which is to include:

(7) A statement that claims against the estate must be filed within sixty days of the date of first publication in accordance with article two or article three-a of this chapter;

(g) The clerk of the county commission shall collect a fee of $20 for the publication of the notice required in this section.

West Virginia · general information · checked October 24, 2026 · W. Va. Code §44-1-14a(a)(7), (g)

Every person including the State Tax Commissioner, having a claim against a deceased person, whether due or not, who has not, after notice to creditors has been published as prescribed in this article, presented his claim on or before the time fixed in such notice … shall … be barred from recovering such claim of or from the personal representative…

West Virginia · general information · checked October 24, 2026 · W. Va. Code §44-2-26

the estate of his or her decedent, by order of the county commission, must be referred to a fiduciary commissioner for proof and determination of debts and claims…

a fiduciary commissioner may not charge to the estate a fee greater than $300 and expenses for the settlement of an estate, except upon: (i) Approval of the personal representative; or (ii) a determination by the county commission…

(b) If the personal representative delivers to the clerk an appraisement of the assets of the estate showing their value to be $200,000 or less, exclusive of real estate specifically devised and nonprobate assets, or if it appears to the clerk that there is only one beneficiary of the probate estate and that the beneficiary is competent at law, the clerk shall record the appraisement.

West Virginia · general information · checked October 24, 2026 · W. Va. Code §44-2-1(a)–(b)

Any county commission which has not heretofore elected to proceed under provisions of this article may do so in accord with this section.

adoption of the fiduciary supervisor system as described in this article

West Virginia · general information · checked October 24, 2026 · W. Va. Code §44-3A-1(a)–(b)

After having taken the appropriate oath, the personal representative shall, on the appraisement form prescribed by the Tax Commissioner, list the following items…

shall be returned to the clerk of the county commission by whom the personal representative was appointed or to the fiduciary supervisor within ninety days of the date of qualification of the personal representative.

fined not less than $25 nor more than $500

West Virginia · general information · checked October 24, 2026 · W. Va. Code §44-1-14(b), (f), (h)

A person having custody of a will shall, within thirty days after the death of the testator is known to him deliver such will to the clerk of the county court having jurisdiction of the probate thereof, or to the executor named in the will, who shall offer it for probate, or deliver it to the clerk, within a reasonable time.

guilty of a misdemeanor, and, on conviction, be punished by a fine not exceeding $200; and shall in addition be liable to any person interested in such will for all damages caused by such neglect.

West Virginia · general information · checked October 24, 2026 · W. Va. Code §41-5-1

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