West Virginia Probate Real Estate Sale Calculator

Not reasonable compensation, not a flat rate — a four-tier statutory commission scale, with separate 1% add-ons most states never touch.

Based on W. Va. Code §44-4-12a FigureMyTax Editorial Team Free · no sign-up

Selling a West Virginia probate house

Enter the sale price to see the typical cost picture.

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Estimated cost of this West Virginia probate sale
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A four-tier statutory schedule, not "reasonable compensation"

Two separate 1% add-ons most states never touch

Beyond the graduated schedule, a separate flat 1% commission applies to real estate that is not sold, and another flat 1% applies to property not subject to administration but includable for federal estate tax purposes — reaching some non-probate assets most states' commission statutes never reach at all.

Joint property is excluded entirely

Joint and survivorship property, whether real or personal, is expressly excluded from any commission at all — a clean carve-out for assets that pass outside the estate.

County-level administration, not a dedicated court

The county commission functions as the probate court, with day-to-day matters handled by the county clerk's office and a fiduciary supervisor or fiduciary commissioner, rather than a judge for most routine steps. See Capital Gains Tax on the Sale for the state's separate income tax treatment of the gain.

West Virginia probate real estate sale — frequently asked questions

How much does a West Virginia personal representative get paid for selling the house?

A statutory graduated commission under W. Va. Code §44-4-12a: 5% of the first $100,000, 4% of the next $300,000, 3% of the next $400,000, and 2% above $800,000, applied to the proceeds of real estate that is sold.

Is there a different commission for real estate that isn't sold?

Yes — a separate flat 1% commission applies to real estate that is not sold, and another flat 1% applies to property not subject to administration but includable for federal estate tax purposes.

Which court handles West Virginia probate?

The county commission functions as the probate court, with day-to-day matters handled by the county clerk's office and a fiduciary supervisor or fiduciary commissioner, rather than a judge for most routine steps.

Does West Virginia have a state estate or inheritance tax on the sale?

No — West Virginia imposes neither, and only the federal estate tax, with its much higher 2026 threshold, can apply.

What is West Virginia's state tax rate on the sale's gain?

Up to 4.58% for 2026, taxed as ordinary income with no separate rate for long-term gains, on a rate that keeps falling under an automatic revenue-trigger law.

Same statute, every county commission

Each of West Virginia's 55 counties administers estates through its own county clerk and fiduciary supervisor, but W. Va. Code §44-4-12a applies identically statewide.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on W. Va. Code §44-4-12a and typical realtor commission rates. Actual costs depend on the estate's own facts. Confirm current figures with the county commission or a licensed West Virginia attorney before acting.