How Probate Works in West Virginia

Does West Virginia require probate?

Not always. Estates with personal property under $50,000 can use a small estate affidavit. Real estate interests under $100,000 may also qualify as part of a small estate, though they cannot be transferred directly through the affidavit process.

West Virginia has not adopted the Uniform Probate Code, so the process is more court-involved than in UPC states.

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What court handles probate in West Virginia?

Probate in West Virginia is handled by the County Commission in the county where the deceased person lived. West Virginia is unusual in that the County Commission, rather than a court, has original jurisdiction over probate matters. The County Commission appoints personal representatives, admits wills, and oversees estate administration.

For contested matters or disputes, cases are transferred to the Circuit Court.

West Virginia has 55 counties, each with its own County Commission that handles probate filings.

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Small estate threshold

Estates with personal property valued at $50,000 or less can use a small estate affidavit (West Virginia Code § 44-1A-1 et seq.).

Requirements:

• The total value of personal property does not exceed $50,000.
• At least 30 days must have passed since the date of death.
• No probate proceeding has been filed or is pending.
• The person filing is entitled to the property under the will or intestate law.

Real estate interests under $100,000 may also be included as part of a small estate, but they cannot be transferred through the affidavit process directly. A separate legal process is needed for real property.

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Simplified probate options

West Virginia does not use the Uniform Probate Code. The main paths are:

Standard administration. The County Commission appoints an executor (if there is a will) or administrator (if there is no will). The appointed person manages the estate, pays debts, and distributes assets. An inventory, appraisal, and accounting are required.

Bond requirement. West Virginia generally requires the executor or administrator to post a bond, unless the will waives it. The bond amount is typically set at the value of the personal property in the estate.

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What if there is no will?

When someone dies without a will in West Virginia, the estate follows the state's intestate succession laws (West Virginia Code § 42-1-1 et seq.).

If the deceased was married:

• Spouse, no children or parents. The surviving spouse inherits the entire estate.
• Spouse and children. If there are surviving children, the law divides the personal property: the spouse receives certain allowances and a share determined by the number of children. Real property: the surviving spouse receives dower/curtesy (a life estate in one-third).
• Spouse and parents (no children). The surviving spouse inherits the entire estate.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

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What makes West Virginia different?

County Commission handles probate

West Virginia is one of the few states where a County Commission, rather than a court, has primary jurisdiction over probate. This is a holdover from the state's founding. The County Commission acts in a quasi-judicial role for uncontested estates. Contested matters go to the Circuit Court.

Dower and curtesy rights

West Virginia still recognizes dower (for surviving wives) and curtesy (for surviving husbands). These rights give the surviving spouse a life estate in one-third of the deceased's real property, regardless of what the will says. A surviving spouse cannot be entirely disinherited from real property.

These rights can complicate real estate transactions during probate because the property cannot be sold free and clear without the surviving spouse's cooperation.

Separate real estate threshold

West Virginia's provision for small estates is unusual in that real estate interests under $100,000 can be part of a small estate determination, even though the affidavit itself does not transfer the real property. This provides some flexibility for families with modest property holdings.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

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