Quick answer: West Virginia is one of the few states left with a true statutory commission scale for the personal representative: 5% of the first $100,000, 4% of the next $300,000, 3% of the next $400,000, and 2% above $800,000. The attorney fee, by contrast, has no schedule at all. There's no death tax. Get your own estimate with the West Virginia probate cost calculator.
1. The personal representative commission — a real graduated scale
W. Va. Code § 44-4-12a(a): 5% of the first $100,000, 4% of the next $300,000 (i.e., $100,000–$400,000), 3% of the next $400,000 ($400,000–$800,000), and 2% of everything above $800,000 — computed on the personal estate administered and proceeds of real estate sold. A separate 1% commission applies to unsold real estate and to nonprobate property includable in the federal taxable estate (§ 44-4-12a(b)). No commission applies to joint and survivorship property. A lawyer acting as personal representative can't also collect a separate legal fee (§ 44-4-12a(e)); a testator can override the whole schedule by will (§ 44-4-12a(f)).
Because the rate declines as the estate grows, the blended rate falls with size: 5.0% at $100,000, about 4.0% at $500,000, and 3.3% at $1,000,000. It is not a flat rate, even though the $500,000 blended figure happens to round to a familiar "4%."
2. Attorney fee — the opposite of the commission: no schedule
No statutory schedule: the estate attorney's fee is a reasonable amount for the work performed, entirely separate from the personal representative's commission. Simple estates commonly run $2,500–$5,000; complex or contested estates $5,000–$10,000 or more.
3. County cost & the tax picture
County: qualifying as executor or administrator commonly costs $44–$56; publication of the notice of administration adds a modest amount. No death tax: West Virginia has no estate or inheritance tax — only the federal estate tax can apply, above the federal exemption.
Illustrative worked totals
Using the statutory commission scale and an illustrative ~3% attorney fee:
| Estate value | PR commission (§ 44-4-12a) | Attorney (est.) | Filing + pub. | Approx. total |
|---|
| $100,000 | $5,000 | $3,000 | $150 | ≈ $8,150 |
| $500,000 | $20,000 | $15,000 | $150 | ≈ $35,150 |
| $1,000,000 | $33,000 | $30,000 | $150 | ≈ $63,150 |
Filing + pub. = $50 filing + $100 publication. The commission column follows the statute exactly; the attorney column is an illustrative estimate only, since West Virginia sets no schedule for it. Family representatives often waive the commission entirely. Run your own numbers in the calculator.
How to reduce West Virginia probate costs
- Use the Small Estate Act affidavit — personal property up to $50,000, and real property (if any) up to $100,000 (§ 44-1A-1).
- Personal representative waives the commission if a family member and beneficiary.
- Hold assets jointly with survivorship — no commission applies to that property.
- Negotiate a flat attorney fee for a simple, uncontested estate.
Estimate for general guidance only, not legal or tax advice. The personal representative commission (W. Va. Code § 44-4-12a) follows a statutory scale: 5% first $100,000, 4% next $300,000, 3% next $400,000, 2% above $800,000, plus a separate 1% on unsold real estate and certain nonprobate property not modeled here. Attorney fees have no statutory schedule; figures shown are illustrative market-rate estimates. Small estate affidavit: personal property $50,000 or less, real property (if any) $100,000 or less (§ 44-1A-1/2). West Virginia has no estate or inheritance tax. Verify with the County Commission or a licensed West Virginia attorney.