Can one West Virginia co-executor lose their share of the commission for failing to account while another keeps theirs?

Logically yes, since the accounting duty and its forfeiture consequence would need to be assessed per person rather than automatically penalizing a diligent co-executor for another's failure.

West Virginia Co-Executors: How Is the Fee Split?

Q: Do West Virginia co-executors each get their own 5%/4%/3%/2% commission?

No. West Virginia Code 44-4-12a sets one commission scale for the personal estate administered; it contains no separate provision multiplying that scale by the number of personal representatives serving.

Q: Who decides how the West Virginia executor commission is divided among co-executors?

The fiduciary commissioner overseeing the account settlement, who would allocate the single statutory commission based on each co-executor's actual involvement, since the statute sets no default split.

Q: Does the 1% nonprobate-property commission apply per co-executor in West Virginia?

It's calculated on the property itself under 44-4-12a(b), not per person, so it would be part of the same single pool divided among co-executors rather than a separate 1% for each one.

Q: Do West Virginia co-executors need a written agreement on how to split duties?

Not required by statute, but a clear written understanding of who handles which tasks can help the fiduciary commissioner allocate the single commission fairly based on each person's actual contribution.

Quick answer: No, West Virginia co-executors don't each collect a separate 5%/4%/3%/2% scale. W. Va. Code § 44-4-12a sets one commission calculation for the estate's personal property, sold real estate, unsold real estate, and certain nonprobate property — it has no separate subsection for multiple personal representatives, so the single statutory total applies to the administration as a whole, however many people serve. Estimate the underlying commission first with the West Virginia executor fee calculator.

One calculation for the estate, not per person

W. Va. Code § 44-4-12a(a): the statute computes commissions "upon the amount of all the personal estate which is subject to administration... that is received and accounted for by them" — a single calculation tied to the estate's property, not to the number of personal representatives administering it. When co-executors are appointed, the amount that single calculation produces is what gets divided among them.

The 1% add-ons work the same way

§ 44-4-12a(b): both the 1% on unsold real estate and the 1% on qualifying nonprobate property are calculated on the property itself, not per fiduciary — so these also become part of the single pool divided among co-executors rather than separate 1% commissions for each person.

The fiduciary commissioner allocates it

West Virginia's accounting process runs through a fiduciary commissioner who settles the account and allows the commission. Since the statute sets no default split for co-executors, the commissioner would naturally look at each co-executor's actual involvement in administering the estate when deciding how to divide the total.

Failure to account still risks the whole commission

§ 44-4-7: "Failure to account forfeits commissions unless allowed by circuit court or county commission." With co-executors, this accounting duty and its consequence would logically need to be assessed per person, since one co-executor's failure to properly account shouldn't automatically forfeit a diligent co-executor's own share.

Real coordination costs, same as anywhere

Co-executors in West Virginia share fiduciary duties, and disagreements about pace, priorities, or how to divide tasks can slow administration or invite disputes — a practical consideration independent of how the commission eventually gets divided.

Worked example

Two siblings serve as co-executors of a West Virginia estate worth $500,000, producing a $20,000 commission under § 44-4-12a(a) for a sole personal representative.

Co-executor	Share of work	Illustrative commission
Sibling A (primary administrator)	80%	$16,000
Sibling B (occasional support)	20%	$4,000

Illustrative only — West Virginia's statute doesn't specify how to split the commission between co-executors; the fiduciary commissioner decides based on the value of each person's actual services, up to the combined $20,000 total.

Facing probate in West Virginia?

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West Virginia co-executors — frequently asked questions

Do West Virginia co-executors each get their own 5%/4%/3%/2% commission?

No. W. Va. Code § 44-4-12a sets one commission scale for the personal estate administered; it contains no separate provision multiplying it by the number of representatives.

Who decides how the West Virginia executor commission is divided among co-executors?

The fiduciary commissioner overseeing account settlement, who allocates the single statutory commission based on each co-executor's actual involvement.

Does the 1% nonprobate-property commission apply per co-executor in West Virginia?

No — it's calculated on the property itself, part of the same single pool divided among co-executors.

Do West Virginia co-executors need a written agreement on how to split duties?

Not required by statute, but a clear understanding helps the fiduciary commissioner allocate the commission fairly.

Can one West Virginia co-executor lose their share for failing to account while another keeps theirs?

Logically yes, since the accounting duty would be assessed per person rather than penalizing a diligent co-executor.

Estimate for general guidance only, not legal advice. Based on W. Va. Code § 44-4-12a and § 44-4-7. West Virginia has no statutory formula for dividing commissions among co-executors; the illustrative 80/20 split above is not a statutory rule. Consult a West Virginia probate attorney to resolve a specific dispute over commission between co-executors.