West Virginia Real Estate Sale: Costs & Commission Explained

Four brackets, two separate 1% add-ons, and a rule that stops a lawyer-executor from double-billing the estate.

W. Va. Code §44-4-12a

Quick answer: the ordinary 5-6% realtor commission applies as usual, plus a graduated statutory commission under §44-4-12a — 5% down to 2% depending on the amount, applied to the sale proceeds. See how this plays out for your own numbers in the West Virginia probate real estate sale calculator.

The exact four tiers

Confirmed current: 5% of the first $100,000, 4% of the next $300,000, 3% of the next $400,000, and 2% above $800,000 — on a $500,000 estate this blends to about 4.0%, and on $1,000,000 it blends to about 3.3%, which is where a "flat-rate" description sometimes comes from.

No double-dipping for a lawyer-executor

The statute bars a personal representative who is also a lawyer from being paid separately for legal services on top of the commission — the estate does not pay both, a genuinely direct anti-double-billing rule.

A modest, county-varying opening cost

County clerk recording and probate fees typically range from about $44 to $200 depending on the county, with no separate statewide graduated filing fee — a relatively low barrier to opening the estate in the first place.

Joint property never enters the calculation

Joint and survivorship property, whether real or personal, is expressly excluded from any commission at all — a clean carve-out that keeps the personal representative's fee tied only to what actually passes through the estate.

Facing probate in West Virginia?

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

Talk to a West Virginia attorney

The §44-4-12a schedule applies the same way whether the estate is administered in any of West Virginia's 55 counties.

Sale costs and commission — frequently asked questions

What are West Virginia's exact commission tiers?

5% of the first $100,000, 4% of the next $300,000 (up to $400,000), 3% of the next $400,000 (up to $800,000), and 2% of everything above $800,000, applied to personal estate administered, income collected, and proceeds of real estate sold.

Can a personal representative who is also a lawyer charge separately for legal work?

No — the statute bars a personal representative who is also a lawyer from being paid separately for legal services on top of the commission; the estate does not pay both.

How much does it cost to open a West Virginia estate?

County clerk recording and probate fees typically range from about $44 to $200 depending on the county, with no separate statewide graduated filing fee.

Is joint and survivorship property included in the commission calculation?

No — joint and survivorship property, whether real or personal, is expressly excluded from any commission at all.

This page provides general guidance only and is not legal, tax, or financial advice. Based on W. Va. Code §44-4-12a. Confirm current figures with a licensed West Virginia attorney or real estate professional before acting.