Quick answer: Unlike the personal representative's statutory 5/4/3/2% commission, West Virginia sets no schedule for the estate attorney's fee — it's a reasonable amount for the work performed. Simple estates commonly run $2,500–$5,000; complex or contested estates $5,000–$10,000 or more. Estimate the whole picture in the West Virginia probate cost calculator.
Two very different rules, side by side
Commission (§ 44-4-12a): a fixed graduated scale for the personal representative — 5% first $100,000, declining to 2% above $800,000. Attorney fee: no schedule at all, separate from the commission. An estate can pay both, unless the personal representative is also the attorney — then only the commission is allowed, not a separate legal fee.
How West Virginia probate lawyers bill
- Flat fee — common for a routine, uncontested estate, often $2,500–$5,000.
- Hourly — for more complex or contested matters.
- Percentage of estate value — by agreement in some cases, though this is a market pattern, not a legal rate.
Facing probate in West Virginia?
Talk to a West Virginia attorneyA local probate attorney can review your estate — many offer a free consultation.
Questions to ask before hiring
- Do you charge a flat fee, hourly, or a percentage — and what's your estimate for an estate like mine?
- Is your fee separate from the personal representative's statutory commission? (Usually yes, unless you're also serving as PR.)
- Can this estate use the Small Estate Act affidavit and skip full probate?
- Will the personal representative waive the commission?
Ways to reduce legal fees
- Small Estate Act affidavit — personal property up to $50,000, real property (if any) up to $100,000, usually less attorney time.
- Negotiate a flat fee for a simple, uncontested estate rather than a percentage.
- Stay organized — a clean inventory cuts billable hours.