West Virginia route screening

West Virginia small-estate limit: $50,000

A West Virginia domiciliary with no probate real-property interest may use the affidavit when all personal probate small assets have aggregate fair market value no more than $50,000.

Sources reviewed August 9, 2026. Sources rechecked October 3, 2026. This page last revised October 16, 2026.

1. Where and when

StateWest VirginiaFixed to this page. Open the navigator to compare another state.Date of deathRequired. Without it no waiting period can be tested and the route stays undecided.

2. What they left

Asset 1

DescriptionValue$Not entered. A blank amount is not counted as zero.Enforceable liens or mortgage$Not entered. Enter 0 if there is no lien.OwnershipThis is real property

Asset 2

DescriptionValue$Not entered. A blank amount is not counted as zero.Enforceable liens or mortgage$Not entered. Enter 0 if there is no lien.OwnershipThis is real propertyWill it be sold during administration?Some court charges are assessed on sale proceeds and exclude real property that is kept, so this changes the amount.

Ownership determines whether an asset usually enters probate. Choose “Not sure” when title or beneficiary status has not been confirmed.

Private by design: entries stay in this browser.

Your working estimate

West Virginia estate snapshot

Route check

More information is needed

Counted probate estate: not yet counted

A valid date of death is required before any waiting period can be tested.

Gross probate propertyNot yet counted

Court chargeSet locallyThe statewide recording base for an otherwise unlisted writing is $10, with $1 per page after five; oath and copy services can add charges, so no single opening total is stated.

Scheduled executor compensationMore information needed2 asset entries have no value entered.Commissions apply to personal estate received and accounted for, including income, plus proceeds of real estate sold: 5% through $100,000, 4% through $400,000, 3% through $800,000, and 2% above. Unsold real estate and certain estate-tax property receive a separate 1%; a will may expressly deviate.

This route check is general information, not legal advice. It does not test every eligibility condition, creditor issue, will provision, local fee, or asset-title fact.

A will-nominated successor waits 30 days; another successor waits 60 days.

Where the limit comes from

Is this the limit that applies?

$50,000 is the limit in W. Va. Code § 44-1A-2 as it read on October 3, 2026; confirm it with the probate court before you file.

Controlling citation: W. Va. Code § 44-1A-2, West Virginia Small Estate Act (West Virginia Legislature; rechecked October 3, 2026).

The section’s own words

§44-1A-2. Administration of a small estate upon affidavit and without appointment. (a) Notwithstanding any provisions of this code to the contrary, the small estate of a decedent who dies domiciled in this state, without owning any probate real property or without owning any interest in probate real property, may be administered upon affidavit and without the appointment of a personal representative, and the small assets of the decedent may be paid or delivered to the authorized successor as provided in this article.

How the West Virginia screen is measured

Procedure	Administration of a small estate upon affidavit and without appointment
What counts	Personal property only; real property is outside this route
Value basis	Gross value; liens are not subtracted
Waiting period	30 days after death for a successor the will nominates as personal representative (60 days for any other successor)

The West Virginia caveats that can change this answer are listed once, on the West Virginia overview.

The official West Virginia path

Statutory 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.

What a small-estate screen can and cannot decide, and which assets never enter it, is explained once in small-estate affidavit or probate and what counts as a probate asset.

Controlling source

Statute

W. Va. Code § 44-1A-2

West Virginia Small Estate Act

The section’s own words

§44-1A-2. Administration of a small estate upon affidavit and without appointment. (a) Notwithstanding any provisions of this code to the contrary, the small estate of a decedent who dies domiciled in this state, without owning any probate real property or without owning any interest in probate real property, may be administered upon affidavit and without the appointment of a personal representative, and the small assets of the decedent may be paid or delivered to the authorized successor as provided in this article.

West Virginia Legislature · Rechecked October 3, 2026

Sources rechecked October 3, 2026: West Virginia source list · how sources are checked · report a correction

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