West Virginia Probate Calculator

Estimate probate fees, executor compensation, and court costs in this state instantly. Updated for 2025 based on local West Virginia probate statutes.

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West Virginia Probate Fees (USD)

Probate Cost Estimator

Instant estimate of legal fees, commissions, and court costs.

How Probate Works in West Virginia

West Virginia probate uses a tiered statutory schedule for executor fees and has a relatively high threshold for small estates.

Legal Fee Guidelines

Attorney fees must be reasonable. They often align with the executor statutory schedule for standard estates.

Executor Compensation

Statutory fees: 5% on first $100K, 4% on next $300K, 3% on next $400K, 2% on anything above.

Small Estate Shortcut

In West Virginia, estates valued under USD 100,000 may qualify for simplified probate procedures, saving months of time and thousands in fees.

Check Eligibility Now

Typical West Virginia Probate Timeline

Most estates in West Virginia follow this 6-stage process, taking an average of 6-12 months.

Petition

File petition with the West Virginia probate court to open the estate.

Notice

Notify creditors and heirs of the probate proceedings.

Inventory

Appraise and inventory all estate assets.

Debts & Taxes

Pay valid creditor claims and final tax liabilities.

Distribution

Distribute remaining assets to legal beneficiaries.

Closing

File final accounting and close the estate.

Ways to Reduce Probate Costs in West Virginia

Use the $100,000 small estate procedure ($50K Real Estate cap)

Consolidate accounts to reduce the number of commissionable assets

Seek fee waivers if serving as an executor for a spouse

Statutory Reference: W. Va. Code § 44-2-1

Frequently Asked Questions

How much does probate cost in West Virginia?▼

Probate costs in West Virginia typically range from 3-7% of the estate value. Statutory tiered schedule (executors). Court filing fees range from USD 150 to 250.

What are attorney fees for probate in West Virginia?▼

Attorney fees must be reasonable. They often align with the executor statutory schedule for standard estates.

How long does probate take in West Virginia?▼

Probate in West Virginia typically takes 6 to 12 months for standard estates. Complex or contested estates may take longer.

Can I avoid probate in West Virginia?▼

Yes. West Virginia allows estates under USD 100,000 to use simplified procedures. Living trusts, joint ownership, and beneficiary designations can also help avoid probate.

What are executor fees in West Virginia?▼

Statutory fees: 5% on first $100K, 4% on next $300K, 3% on next $400K, 2% on anything above.

Probate Insights & Guides

Essential reading for executors and beneficiaries in West Virginia.

View All Insights

Basics

What is Probate? A Complete Beginner's Guide (2025)

Probate is the legal process of settling a deceased person's estate. Learn when probate is required, how long it takes, typical costs, and alternatives to avoid probate entirely in 2025.

Read Guide

Costs

5 Ways to Reduce Probate Costs (That Actually Work)

Probate can eat up 3-7% of an estate's value. Learn five proven strategies to minimize fees and protect your family's inheritance.

Read Guide

Executor

Executor Duties Checklist: Your Complete Guide (2025)

Named as an executor? This step-by-step checklist guides you through your legal responsibilities, from filing the will to final distribution.

Read Guide

Maximize Your Probate Savings

Use our specialized tools to navigate the West Virginia probate process with confidence.

Small Estate Checker

Determine if you can skip full probate using a simplified affidavit.

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Asset Categorizer

Identify which assets are subject to probate and which are exempt.

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Alternative Finder

Compare traditional probate costs against faster, cheaper legal alternatives.

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Need Expert Help with West Virginia Probate?

Don't navigate the complex West Virginia legal system alone. Connect with a professional probate specialist today for a consultation or explore our probate avoidance guides.

Find a West Virginia Specialist Learn to Avoid Probate

Selling Inherited Property in West Virginia?

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