West Virginia probate runs on a set of filings and deadlines that start the moment letters are issued. This guide walks you through each step with the actual statute citation and the current small estate threshold.
We’re not yet live in West Virginia — the guide below is still accurate, and you can join the waitlist to be the first to know when a West Virginia-licensed attorney is available.
West Virginia recognizes 2 paths. The right one depends on the will, the value of the estate, and whether all beneficiaries agree.
Independent administration. Executor acts with minimal court supervision.
Full court supervision. Court approval required for major actions.
These are the filings ordered the way they actually happen in a typical West Virginia estate. Each deadline is keyed to the triggering event — death, letters issued, first publication — and tied to the statute.
File Petition to Probate Will or Petition for Letters of Administration with County Commission Probate Division
Publish notice in newspaper or mail notice to known creditors. Notice contains deadline for filing claims.
List all known assets with fair market values. Include real estate, personal property, financial accounts.
Wait for creditor claims deadline. Personal representative investigates and allows/disallows claims.
File complete accounting of all estate transactions with the County Commission.
Distribute remaining assets to beneficiaries per will or West Virginia intestacy law.
File final petition to close. County Commission issues Order Closing Estate and discharges executor.
After the personal representative is appointed, a notice to creditors must be published weekly for 2 weeks. Creditors then have a limited window to file claims; claims filed after the deadline are generally barred.
If the gross estate is small enough, West Virginia allows a simplified path that skips most of the formal probate machinery. Faster, cheaper, and — done right — every bit as final.
Probate is filed in the county where the decedent lived at the time of death. A sample of active West Virginia courts:
Most West Virginia estates close in 9–15 months. The floor is set by the creditor claim period (6 months (fixed statutory period).) plus the time to file inventory, settle debts, and prepare the final accounting. Estates with real property sales, tax returns, or disputes run longer.
Yes. If the gross estate is $100,000 or less and at least 30 days have passed since the date of death, you can generally use a small estate affidavit or collection procedure instead of full probate. Citation: WV Code § 41-4-7 (small estate procedure).
West Virginia recognizes independent or supervised administration. independent — Independent administration. Executor acts with minimal court supervision. supervised — Full court supervision. Court approval required for major actions.
After the personal representative is appointed, a notice to creditors must be published weekly in a qualifying newspaper for 2 weeks. Creditors then have 6 months (fixed statutory period). Claims filed after the deadline are barred. Citation: WV Code § 41-3-13.
West Virginia law doesn't strictly require an attorney, but most personal representatives retain one. Court rules, creditor notice requirements, tax returns, and fiduciary accounting obligations create personal liability for the personal representative if they're done incorrectly. A flat-fee attorney through Closewell handles filings, statutory notices, inventory, and accounting with fixed pricing and no hourly billing.
Court filing fees in West Virginia typically run $200–$500, plus publication costs of $100–$300 for the creditor notice. Attorney fees are the biggest variable — traditional hourly counsel on a routine estate often bills $5,000–$15,000, while flat-fee services like Closewell price the same work from $1,400–$4,500 depending on complexity. Bond premiums, appraisals, and tax preparation are additional.
Closewell launches state by state so every matter is handled by a licensed attorney in your jurisdiction. Drop your email and we’ll tell you the day a West Virginia-licensed attorney is available.