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Free · general informationWest Virginia
What to do when someone dies in West Virginia
The first things West Virginia’s own law asks for after a death, quoted word for word, then the pages for everything that follows, in the order it usually comes. Nothing here decides what a particular family must do. That belongs to the office named, the court, or an attorney in West Virginia.
Every fact dated, in the official words
Each state’s own law
Every quotation checked October 24, 2026
Your planner for West Virginia is ready.US$39 once, printed at home.
Pages taken from the planner, by email: who to phone first, and a blank records sheet.
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.
§1Filing the death certificate: where, how soon, and who files it
Registering the death comes first. These are West Virginia’s own words on who files the record, and how soon.
A certificate of death for each death which occurs in this state shall be filed with the section of vital statistics, or as otherwise directed by the State Registrar, within five days after death, and prior to final disposition…
(b) The funeral director or other person who assumes custody of the dead body shall:
(3) Upon receipt of the medical certification, file the certificate of death
West Virginia · general information · checked October 24, 2026 · W. Va. Code §16-5-19(a)–(c)
§2The county clerk’s register of deaths, and whether it is public
a copy of the certificates of all deaths occurring in the county … from which copies the clerk shall compile a register of deaths, in a form prescribed by the state Registrar. The register shall be a public record.
West Virginia · general information · checked October 24, 2026 · W. Va. Code §16-5-19(i)
§3What the person holding the will must do, how soon, and the penalty
The will has its own rules. These are West Virginia’s own words on who brings it to the court after a death, and what the court does with it.
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
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
§5An 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 estate: probate in West Virginia, its route for a smaller estate, what falls to whoever is settling it, and the accounts that pass outside the will.
A certificate of death for each death which occurs in this state shall be filed with the section of vital statistics, or as otherwise directed by the State Registrar, within five days after death, and prior to final disposition…
(b) The funeral director or other person who assumes custody of the dead body shall:
(3) Upon receipt of the medical certification, file the certificate of death
West Virginia · general information · checked October 24, 2026 · W. Va. Code §16-5-19(a)–(c)
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
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
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