How Probate Works in West Virginia
West Virginia has no separate probate court at all — the County Commission is the court of probate by law — and its small-estate affidavit just got significantly narrower: as of July 2025, any real property at all disqualifies an estate, regardless of value.
Probate court
County Commission (via the Fiduciary Supervisor or Clerk of the County Commission); Circuit Court for contests
Typical timeframe
6–12 months typical
Small-estate affidavit limit
$50,000
Simplified probate limit
No flat dollar limit — see below
Creditor claim deadline
60 days
Community property state
No
Does West Virginia require probate?
The County Commission of each county is, by law, the court of probate, though day-to-day filing is handled by a Fiduciary Supervisor or the Clerk of the County Commission, not a judge. Every substantive decision still requires the Commission's confirmation. Contested matters move to Circuit Court.
How to avoid full administration in West Virginia
- Small-estate affidavit — personal property up to $50,000, available 30 days after death if the successor was named executor in a will, or 60 days if intestate. As of July 9, 2025, any estate that includes real property — regardless of value — is disqualified from this process entirely.
- Before July 2025, real property up to $100,000 could also be included; the legislature removed that provision over title-company concerns about unverified transfers. If an estate includes any real estate now, plan on full administration.
The probate process in West Virginia
There's no distinct court-based "simplified" tier beyond the affidavit — full administration through the County Commission/Fiduciary Supervisor is essentially a single unified track regardless of estate size.
Creditor claims in West Virginia
Creditors have 60 days from first published notice to file a claim, or it's barred — a hard bar, with a narrow exception letting a late claimant recover from undistributed surplus (not from the personal representative directly) if they can prove they had no actual notice.
Let Estate Assist handle the rest
Estate Assist reads the estate's documents, builds a personalized checklist, and drafts the letters you need — so you're not piecing this together alone.
Start your free action plan →Frequently asked questions
My mother's estate includes a small house and a bank account — can I use the small-estate affidavit?
Not anymore. Since July 9, 2025, any real property at all disqualifies an estate from the small-estate affidavit, regardless of value — you'd need full administration for the whole estate.
Who do I file paperwork with — is it a courthouse?
You'll generally deal with the Fiduciary Supervisor or Clerk of the County Commission at the courthouse. Legally, the County Commission is the "court" of probate, but you typically won't appear before the elected commissioners unless something is contested.
I heard West Virginia used to let you include a house in the small-estate process — is that still true?
No — that changed July 9, 2025. Before then, real property up to $100,000 could be included alongside the personal-property affidavit; the legislature removed real property from the process entirely.
Related guides
Probate in other states
West Virginia figures checked against West Virginia Code §44-1A-2 (Official) on July 23, 2026. Probate rules, thresholds, and deadlines change and are frequently adjusted for inflation; confirm current figures before relying on them. Estate Assist provides general information, not legal, financial, or tax advice.