Probate in West Virginia · 55 counties
West Virginia Probate Courts
Estates here go through the County Commission / Fiduciary Supervisor / Circuit Court. Pick a county on the map or search below — each record shows where to file and where every detail comes from.
Small-estate limit
$50,000
Wait 30 days
Death taxes
None
No state death tax
Executor fee
Reasonable
Reasonable fee set by the court
Handwritten wills
Valid
Unwitnessed, in testator’s hand
Plate · WV
Every West Virginia county, on one map
Population, low → high Green = county courthouse mapped in OpenStreetMap Green = probate office details checked on the court's own website courthouse
§ I
West Virginia probate rules
- Court
- County Commission / Fiduciary Supervisor / Circuit CourtIn West Virginia, probate is handled primarily by the County Commission and its appointed Fiduciary Supervisor in each of the 55 counties. Contested matters transfer to the Circuit Court.
- Small estates
- $50,000 personal probate estate by affidavit (only if no probate real property); separate summary settlement of small estates via county commission/fiduciary supervisorW. Va. Code § 44-1A-1 et seq. (§ 44-1A-2)
- Filing the will
- Must deliver will to County Commission promptly; 3-year deadline to offer probate
- Creditor claims
- 60 days from the date of first publication of notice of administration (W. Va. Code § 44-2-1)W. Va. Code § 44-3A-4
- Executor fees
- Reasonable compensation in the form of a commission on receipts or otherwise, allowed by the fiduciary commissioner/county commission (no fixed statutory percentage; 5% of receipts is customary)W. Va. Code § 44-4-12 · calculator
- Estate tax
- NoneWest Virginia has no state estate tax.
- Inheritance tax
- NoneNo inheritance tax in West Virginia.
- Typical duration
- 6 to 12 months
- Official courts site
- courtswv.govCase search: West Virginia Judiciary Case Search / County Commission Portals
Re-checked Sept 2026 against: code.wvlegislature.gov (statute) · code.wvlegislature.gov (statute) · code.wvlegislature.gov (statute)
Need help with an estate in West Virginia?
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 West Virginia courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
§ II · Register
All 55 counties
Sorted by population. office checked = probate office address/phone confirmed on the court's own website. courthouse mapped = located in OpenStreetMap.
| # | County | Seat | Population | Record |
|---|---|---|---|---|
| 1 | Kanawha County | Charleston | 174,805 | courthouse mapped |
| 2 | Berkeley County | Martinsburg | 132,440 | courthouse mapped |
| 3 | Monongalia County | Morgantown | 107,718 | courthouse mapped |
| 4 | Cabell County | Huntington | 92,082 | courthouse mapped |
| 5 | Wood County | Parkersburg | 83,052 | courthouse mapped |
| 6 | Raleigh County | Beckley | 72,356 | courthouse mapped |
| 7 | Harrison County | Clarksburg | 64,639 | courthouse mapped |
| 8 | Jefferson County | Charles Town | 59,787 | courthouse mapped |
| 9 | Mercer County | Princeton | 58,057 | courthouse mapped |
| 10 | Putnam County | Winfield | 56,962 | courthouse mapped |
| 11 | Marion County | Fairmont | 55,807 | courthouse mapped |
| 12 | Ohio County | Wheeling | 41,194 | courthouse mapped |
| 13 | Fayette County | Fayetteville | 39,072 | courthouse mapped |
| 14 | Wayne County | Wayne | 37,686 | county site |
| 15 | Preston County | Kingwood | 34,099 | courthouse mapped |
| 16 | Greenbrier County | Lewisburg | 32,149 | courthouse mapped |
| 17 | Logan County | Logan | 30,827 | courthouse mapped |
| 18 | Marshall County | Moundsville | 29,405 | courthouse mapped |
| 19 | Hancock County | New Cumberland | 28,145 | courthouse mapped |
| 20 | Jackson County | Ripley | 27,593 | courthouse mapped |
| 21 | Randolph County | Elkins | 27,350 | courthouse mapped |
| 22 | Mineral County | Keyser | 26,867 | courthouse mapped |
| 23 | Mason County | Point Pleasant | 24,765 | courthouse mapped |
| 24 | Nicholas County | Summersville | 24,169 | courthouse mapped |
| 25 | Hampshire County | Romney | 23,649 | courthouse mapped |
| 26 | Upshur County | Buckhannon | 23,529 | courthouse mapped |
| 27 | Mingo County | Williamson | 22,023 | courthouse mapped |
| 28 | Brooke County | Wellsburg | 21,373 | courthouse mapped |
| 29 | Boone County | Madison | 20,576 | courthouse mapped |
| 30 | Wyoming County | Pineville | 20,277 | courthouse mapped |
| 31 | Lincoln County | Hamlin | 19,701 | county site |
| 32 | Morgan County | Berkeley Springs | 17,649 | courthouse mapped |
| 33 | McDowell County | Welch | 17,439 | courthouse mapped |
| 34 | Lewis County | Weston | 16,500 | courthouse mapped |
| 35 | Taylor County | Grafton | 16,388 | courthouse mapped |
| 36 | Barbour County | Philippi | 15,378 | courthouse mapped |
| 37 | Hardy County | Moorefield | 14,251 | courthouse mapped |
| 38 | Wetzel County | New Martinsville | 13,890 | courthouse mapped |
| 39 | Roane County | Spencer | 13,743 | courthouse mapped |
| 40 | Monroe County | Union | 12,382 | courthouse mapped |
| 41 | Braxton County | Sutton | 12,162 | courthouse mapped |
| 42 | Summers County | Hinton | 11,581 | courthouse mapped |
| 43 | Grant County | Petersburg | 10,921 | county site |
| 44 | Ritchie County | Harrisville | 8,167 | courthouse mapped |
| 45 | Webster County | Webster Springs | 8,045 | courthouse mapped |
| 46 | Tyler County | Middlebourne | 7,919 | courthouse mapped |
| 47 | Clay County | Clay | 7,783 | county site |
| 48 | Pocahontas County | Marlinton | 7,765 | courthouse mapped |
| 49 | Doddridge County | West Union | 7,680 | county site |
| 50 | Pleasants County | Saint Marys | 7,428 | courthouse mapped |
| 51 | Gilmer County | Glenville | 7,254 | courthouse mapped |
| 52 | Tucker County | Parsons | 6,604 | courthouse mapped |
| 53 | Pendleton County | Franklin | 6,029 | courthouse mapped |
| 54 | Calhoun County | Grantsville | 5,959 | courthouse mapped |
| 55 | Wirt County | Elizabeth | 5,000 | courthouse mapped |
§ III
West Virginia probate questions
What is the small estate affidavit limit in West Virginia?
$50,000 personal probate estate by affidavit (only if no probate real property); separate summary settlement of small estates via county commission/fiduciary supervisor (W. Va. Code § 44-1A-1 et seq. (§ 44-1A-2)). It can be used 30 days after death. Wait 30 days after death (or 60 days for non-nominated successor). Value of probate personal estate must not exceed $50,000 and real estate not exceed $100,000.
How are executor and administrator fees calculated in West Virginia?
Reasonable compensation in the form of a commission on receipts or otherwise, allowed by the fiduciary commissioner/county commission (no fixed statutory percentage; 5% of receipts is customary) (W. Va. Code § 44-4-12). Courts can award more for extraordinary services, such as running a business or litigation.
What is the creditor claim deadline for estates in West Virginia?
60 days from the date of first publication of notice of administration (W. Va. Code § 44-2-1) (W. Va. Code § 44-3A-4). Claims filed after the deadline are generally barred.
Does West Virginia recognize handwritten (holographic) wills?
Yes. West Virginia recognizes holographic wills wholly in the handwriting of the testator and signed (W. Va. Code § 41-1-3).
Does West Virginia have a state estate tax or inheritance tax?
West Virginia has no state estate tax. There is no inheritance tax.