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.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page West Virginia reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our West Virginia probate pages.
West Virginia probate fees
| Item | West Virginia |
|---|---|
| Court filing fee | County fiduciary fees are tiered under W.Va. Code §44-3A-42: about $25 for estates of $10,000 or less, $100 for $10,000–$50,000, and $175 for estates over $50,000, plus recording fees. |
| Attorney fees | Not statutory. Attorneys typically charge a flat fee ($2,000–$4,000 for a routine estate) or hourly, and the fee must be reasonable. Simple estates settled through the county clerk often use little or no attorney help. |
| Executor / personal representative fees | The personal representative's commission is statutory under W.Va. Code §44-4-12A: 5% of the first $100,000 of personal estate, 4% of the next $300,000, 3% of the next $400,000, and 2% above $800,000. Family executors often waive it. |
| Fee basis | statutory |
| Appraisal / referee | Not used. West Virginia does not appoint a state appraiser, but the personal representative must file an appraisement of estate assets with the county clerk. |
Worked example
On a $400,000 West Virginia estate consisting of personal property, the statutory commission is $17,000 (5% of the first $100,000 = $5,000, plus 4% of the next $300,000 = $12,000). On a $500,000 estate it would be $20,000 (adding 3% of the next $100,000).
West Virginia thresholds and deadlines
| Item | West Virginia |
|---|---|
| Small-estate threshold | West Virginia's Small Estate Act (W.Va. Code §44-1A) allows a simplified affidavit process when the decedent's probate personal property is $50,000 or less and probate real property is $100,000 or less. |
| Creditor claim period | Creditors have 60 days from the first publication of the notice to creditors by the county clerk to file a claim (W.Va. Code §44-2 and §44-3A); a short-form settlement can follow if no claim or reference is requested. |
| Typical duration | About 6 to 12 months for a routine estate; short-form settlement is possible once the 60-day creditor and 4-month waiting periods pass. |
| Simplified real-property transfer | Real property valued up to $100,000 may transfer under the Small Estate Act affidavit (W.Va. Code §44-1A) without full administration. |
| Transfer-on-death deed | West Virginia allows a transfer-on-death deed under the Uniform Real Property Transfer on Death Act, W.Va. Code §36-12 (see §36-12-5). Owners can record a TOD deed naming a beneficiary; the property passes to the beneficiary at death without probate. |
What passes outside West Virginia probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- Transfer-on-death deed — West Virginia allows a transfer-on-death deed under the Uniform Real Property Transfer on Death Act, W.Va. Code §36-12 (see §36-12-5). Owners can record a TOD deed naming a beneficiary; the property passes to the beneficiary at death without probate.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: W.Va. Code §44-4-12A; W.Va. Code §44-1A-1 et seq.; W.Va. Code §44-3A-42; W.Va. Code §44-2-1 et seq.; W.Va. Code §36-12-5
- State authority: West Virginia Legislature (code.wvlegislature.gov)
- Executor fees: https://code.wvlegislature.gov/44-4-12A/
- Court filing fees: https://code.wvlegislature.gov/44-3A-42/
- Small-estate procedure: https://legalaidwv.org/legal-information/probate-the-west-virginia-small-estate-act/
- Transfer-on-death deed: https://code.wvlegislature.gov/36-12-5/
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the West Virginia court before relying on it.
The full West Virginia guides
- How Much Does Probate Cost in West Virginia? — the full cost breakdown.
- How Much Does an Executor Get Paid in West Virginia? — the fee rule in detail.
- How Long Does Probate Take in West Virginia? — the timeline and its statutory floor.
- Executor Deadlines in West Virginia — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in West Virginia — the transfers that pass outside it.
- How Much Does a Will Cost in West Virginia? — execution requirements and pricing.
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This sheet sets out West Virginia probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the West Virginia courts or a licensed West Virginia attorney.