West Virginia Probate Filing Fees & County Costs

The county costs to open and run probate in West Virginia — there's no separate probate court, just the County Commission.

County Commissions FigureMyTax Editorial Team

Quick answer: West Virginia has no separate probate court — the County Commission handles it, through a Fiduciary Supervisor or Fiduciary Commissioner. Qualifying as executor or administrator commonly costs $44–$56, depending on whether there's a will. See the full picture in the West Virginia probate cost calculator.

County commission fees

ItemApprox. fee
Qualifying as executor (with will)~$44–$56
Qualifying as administrator (no will)~$44–$56
Small Estate Act affidavitA few dollars to record
Certified copiesA few dollars each

Confirm the exact fee with your County Clerk's office, since it can vary.

Other administration costs

  • Publication of the notice of administration — a modest newspaper cost.
  • Bond — may be required unless waived by the will (§ 44-1-8); not required for a small estate unless a personal representative is appointed under a will.
  • Appraisal — if real estate or a business must be valued.
  • Personal representative commission & attorney fee — the real variables: the commission follows the statutory 5/4/3/2% scale (§ 44-4-12a); the attorney fee has no schedule.
Not the big cost: the county filing fee is small next to the commission and attorney fee. West Virginia has no estate or inheritance tax, so there's no death-tax layer.

Ways to keep costs down

  • Small Estate Act affidavit — personal property up to $50,000, and real property (if any) up to $100,000 (W. Va. Code § 44-1A-1/2).
  • Personal representative waives the commission if a family member and beneficiary.
  • Ask the County Clerk for the current fee schedule so you budget the exact amount.

West Virginia filing fees — frequently asked questions

Is there a West Virginia probate court filing fee separate from qualifying as executor?

No — there's no separate probate court, so the qualifying fee paid to the County Commission is the main filing-type cost.

Does the Small Estate Act affidavit have its own filing fee in West Virginia?

It costs only a few dollars to record, far less than the qualifying fee for full administration.

Who handles day-to-day probate filings in West Virginia if there's no probate court?

A Fiduciary Supervisor or Fiduciary Commissioner appointed by the County Commission, rather than a probate judge.

Is bond required for every West Virginia personal representative?

No — it may be waived by the will or the court.

Does West Virginia's lack of a probate court make filing cheaper than in other states?

The qualifying fee is modest either way; the larger savings come from the reasonable-fee structure and simplified process.

Facing probate in West Virginia?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a West Virginia attorney

Estimate for general guidance only, not legal advice. West Virginia has no separate probate court; the County Commission, through a Fiduciary Supervisor or Fiduciary Commissioner, handles administration. Qualifying commonly costs $44–$56; publication and bond are extra. The larger costs are the personal representative's statutory commission (W. Va. Code ยง 44-4-12a) and the attorney fee, which has no schedule. Confirm current figures with your County Clerk's office.