The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for West Virginia with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
When the clock starts in West Virginia
The single fact that governs every other date on this page: in West Virginia the creditor-claim period runs from the date of first publication of the notice of administration — which the county clerk publishes, not the personal representative.
This is not the same in every state. Some states run the period from the date of death, others from the date letters are issued to the personal representative, others from first publication of the notice to creditors. A deadline calculated from the wrong event is simply wrong, and a missed claim deadline is not curable.
West Virginia deadlines at a glance
| Deadline | West Virginia | Statute |
|---|---|---|
| Inventory | Ninety days from the date of qualification of the personal representative. West Virginia calls the filing an appraisement rather than an inventory: it is completed on a form prescribed by the Tax Commissioner, lists probate and nonprobate real estate and all probate personal property at date-of-death fair market value, and is returned with a notarized nonprobate inventory form to the clerk of the county commission or the fiduciary supervisor. | W. Va. Code §44-1-14(f) |
| Creditor claim period | Sixty days from the date of first publication of the notice of administration — the shortest general claim period documented in this dataset. The notice is published by the clerk of the county commission, not by the personal representative, once a week for two successive weeks, within 30 days of the filing of the appraisement, or within 120 days of qualification where no appraisement is filed. Claims may also be presented to the fiduciary commissioner at any time after the personal representative qualifies, before the notice is published at all (§44-2-7). | W. Va. Code §44-1-14a(a), (a)(7) |
| Outer claim bar | The bar is framed as a bar against recovery from the personal representative rather than as an absolute extinguishment, and it survives even where another statute of limitations has not yet run. Two features cut against the creditor in ways most states do not. First, the fiduciary commissioner mails a copy of the notice to known creditors from a list the personal representative supplies, but "failure to mail, or to receive, such notice shall not relieve any creditor, distributee or legatee of the duty to present and prove his claim as required by such notice" (§44-2-4) — un-notified status is not itself relief. Second, the relief that does exist runs against a surplus, not against the bar: where a surplus remains after all timely claims, has not yet been distributed, and the claimant proves they had no actual notice of the publication nor knowledge of the proceedings before the fiduciary commissioner, they may prove the claim by action or suit and have it allowed out of that surplus, and the fiduciary commissioner must reopen the report to provide for it. Separately, a personal representative who distributes after six months from qualification, after the report of claims is confirmed, and after withholding what the commissioner directs, is not personally liable for a claim not presented in time (§44-2-23). | W. Va. Code §§44-2-26, 44-2-4, 44-2-23 |
| Closing / final distribution | No single closing date. The estate is referred to a fiduciary commissioner on return of the appraisement, and the commissioner's report of claims is due after the hearings conclude but not later than five months from the qualification of the personal representative (§44-2-16). Reference is skipped where the appraisement shows $200,000 or less exclusive of specifically devised real estate and nonprobate assets, or where there is a single competent beneficiary, unless a party in interest requests reference or an unpaid creditor files a claim (§§44-1-14a(a)(10), 44-2-1(b)). Claims and legacies may be paid after the report is confirmed and six months have run from the qualification of the first executor or administrator (§44-2-24). | W. Va. Code §§44-2-16, 44-2-24 |
The inventory deadline, as written
The original appraisement form and two of its copies, together with the completed and notarized nonprobate inventory form required by section seven, article eleven, chapter eleven of this code, 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.
— W. Va. Code §44-1-14(f)
The creditor-claim period, as written
Within thirty days of the filing of the appraisement of any estate or within one hundred twenty days of the date of qualification of the personal representative if an appraisement is not filed as required in section fourteen of this article, 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.
— W. Va. Code §44-1-14a(a), (a)(7)
What this page does not state
Where a figure is not recorded above, it is because it was not found in the statute cited — not because no deadline exists. Court rules, local rules, and standing orders set additional dates that are not part of the statutory text, and those are not reproduced here. Confirm every date against the West Virginia court handling the estate.
Sources
- Statutes: W. Va. Code §44-1-14(f); W. Va. Code §44-1-14a(a), (a)(7); W. Va. Code §§44-2-26, 44-2-4, 44-2-23; W. Va. Code §§44-2-16, 44-2-24
- Authority: West Virginia Legislature, West Virginia Code (code.wvlegislature.gov)
- Source URL: https://code.wvlegislature.gov/44-1-14A/
- Verified: 2026-08-21
Related West Virginia guides
- How Long Does Probate Take in West Virginia? — the overall timeline these deadlines sit inside.
- How much does probate cost in West Virginia? — the cost side.
- How Much Does an Executor Get Paid in West Virginia? — compensation for the work.
- West Virginia Probate Fee Sheet — printable one-page reference.
- Executor Duties: The Complete Checklist — what the role involves.
Executor deadlines in other states
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This page reproduces West Virginia statutory deadlines as published at the time of verification. It is not legal advice. Statutes are amended, court rules impose additional dates, and application depends on the specific estate. Confirm every date with the West Virginia court or a licensed West Virginia attorney.