Simplified route
$50,000
Administration of a small estate upon affidavit and without appointment; usable 30 days after death for a successor the will nominates as personal representative (60 days for any other successor).
Eligibility and caveatsWest Virginia estate administration
West Virginia probate: rules, process, costs, executor fees and deadlines
Small-estate limit: $50,000
In West Virginia, estates up to $50,000 can use the small-estate route; executor fees run 5% down to 2% on a sliding scale (W. Va. Code § 44-4-12a); and claims are due sixty days after notice of administration is first published. West Virginia’s county commission system uses the county clerk, fiduciary supervisor, and fiduciary commissioners to administer estates, with circuit-court involvement for review.
Sources reviewed August 9, 2026. Sources rechecked October 3, 2026. This page last revised .
Answer first
West Virginia simplified probate route
Up to $50,000; usable 30 days after death for a successor the will nominates as personal representative (60 days for any other successor). Source: W. Va. Code § 44-1A-2.
Administration of a small estate upon affidavit and without appointmentNo combined West Virginia probate total
The County Commission (with fiduciary supervisor/commissioner; Circuit Court review) where the estate is opened sets or collects the filing charge. The commission rates (W. Va. Code § 44-4-12a) run on the totals in the estate’s court accounting. Each side in full: West Virginia probate filing cost and West Virginia executor fees.
Screen a specific West Virginia estate with the calculators on the small-estate page and the executor-fee page, or compare states in the full estate navigator.
What the reviewed rules establish
Court cost
Varies locally
Set locally; ask the receiving court.
The county clerk statute charges $10 for an otherwise unlisted recorded writing, plus $1 for each page beyond five and potentially oath/copy charges; the total therefore depends on document length and requested services. Where it is set: W. Va. Code § 59-1-10 and the county commission clerk.
Executor compensation
Statutory schedule
A statutory percentage schedule applies. Source: W. Va. Code § 44-4-12a.
Compensation detailCreditor deadline
Multiple triggers
W. Va. Code § 44-1-14a(a)(7) (West Virginia Legislature; reviewed August 9, 2026)
Timeline and creditor detailsWest Virginia decision map
The four facts that change the West Virginia route
Each West Virginia answer below links to the page that sets out its source.
| Question | Recorded West Virginia answer |
|---|---|
| What route is being screened? | Administration of a small estate upon affidavit and without appointment |
| What property and basis count? | personal probate property only; gross value for this route. |
| What is the amount screen? | $50,000 |
| What is the time or deadline record? | 30 days after death for a successor the will nominates as personal representative (60 days for any other successor); creditor deadlines: separate clocks by triggering event |
| What does the cost record establish? | No single statewide amount is published here; confirm the receiving court's current schedule. |
| What does compensation use? | Statutory percentage schedule, measured on the estate accounting. |
Limits and unresolved costs
- The county-clerk opening total varies with pages and services.
- West Virginia's creditor deadline is 60 days from first publication of the clerk's notice (W. Va. Code § 44-1-14a(a)(7)), and § 44-2-26 bars late claims. When the notice is published depends on when the appraisement is filed (§ 44-1-14a(a)).
Continue
What West Virginia courts publish
Each link goes to the court’s own page and is checked before every release.
- Official formStatutory model small-estate affidavit, W. Va. Code § 44-1A-2(e)West Virginia Legislature
West Virginia sets out its official statewide small-estate affidavit as a statutory model form: § 44-1A-2(e) provides a document 'substantially in the following form' that may be used as the affidavit under subsection (b). It is completed and recorded with the county clerk / fiduciary supervisor.
Limits on court material
- Probate is administered through county commissions, clerks, fiduciary supervisors, and fiduciary commissioners rather than a statewide judiciary probate-form portal; no judiciary or AOC resource that could be read was identified.
- West Virginia's official statewide small-estate form is the statutory model affidavit at W. Va. Code § 44-1A-2(e), which supplies a document 'substantially in the following form' for the affidavit administration under subsection (b); the completed affidavit is recorded with the county clerk or fiduciary supervisor.
West Virginia primary sources
Each rule on the West Virginia pages comes from one of these 5 sources; the citation opens the publisher’s own text. All were last rechecked October 3, 2026.
Simplified-procedure rule
W. Va. Code § 44-1A-2, West Virginia Small Estate Act.
Court cost rule
W. Va. Code § 59-1-10(a), West Virginia County Commission Clerk Fees.
Executor compensation rule
W. Va. Code § 44-4-12a, West Virginia Personal Representative Compensation.
Creditor deadline rule
W. Va. Code § 44-2-26, West Virginia Bar for Claims Not Presented.
Creditor deadline rule
W. Va. Code § 44-1-14a(a)(7), West Virginia Code, Notice of Administration of Estate.
Sources rechecked October 3, 2026: West Virginia source list · how sources are checked · report a correction