West Virginia Real Estate Sale: Do You Need Court Approval?

The county commission is technically the probate court — but a clerk and a fiduciary supervisor handle nearly everything day to day.

W. Va. Code §44-3A-2

Quick answer: the county commission functions as the probate court, but a fiduciary supervisor or fiduciary commissioner handles most routine steps administratively, without a judge's involvement. Run your own numbers in the West Virginia probate real estate sale calculator.

Administered by a clerk and a fiduciary supervisor

Straight from West Virginia practice: each county has a fiduciary supervisor (or fiduciary commissioner) who oversees estate administration, reviews appraisements and final settlements, and ensures compliance with the law, while the county commission functions as the probate court for most routine matters handled administratively.

A dollar threshold for closer review

An appraisement of $200,000 or less generally settles without a referral to the fiduciary commissioner, with the fiduciary commissioner's own fee capped at $300 plus expenses when a referral does happen — a genuinely modest cost for that extra layer of review.

One track, not two

Unlike many states, West Virginia does not distinguish between "informal" and "formal" probate tracks — it follows its own single statutory framework under Chapter 44 of the West Virginia Code, rather than the Uniform Probate Code's two-track system.

The will can change how the fee itself works

A testator can displace the entire statutory commission schedule by express language in the will, and the county commission can reduce the commission for unfaithful performance or increase it for extraordinary services.

Facing probate in West Virginia?

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

Talk to a West Virginia attorney

Each of West Virginia's 55 counties runs its own clerk's office and fiduciary supervisor, but Chapter 44 of the West Virginia Code applies identically statewide.

Court approval to sell — frequently asked questions

Who actually oversees a West Virginia estate day to day?

The county clerk's office and a fiduciary supervisor or fiduciary commissioner, who review appraisements and final settlements and ensure compliance with the law, rather than a judge for most routine matters.

When does an estate get referred to the fiduciary commissioner for a closer review?

An appraisement of $200,000 or less generally settles without a referral to the fiduciary commissioner, with the fiduciary commissioner's own fee capped at $300 plus expenses when a referral does happen.

Does West Virginia distinguish between informal and formal probate tracks?

No — unlike many states, West Virginia does not distinguish between informal and formal probate; it follows its own single statutory framework under Chapter 44 of the West Virginia Code.

Can a testator change how the personal representative gets paid?

Yes — a testator can displace the entire statutory commission schedule by express language in the will, and the county commission can reduce the commission for unfaithful performance or increase it for extraordinary services.

What court approval is needed to sell real estate in West Virginia probate?

The county commission functions as the probate court, but a fiduciary supervisor or fiduciary commissioner handles most routine steps administratively, without a judge's involvement.

This page provides general guidance only and is not legal advice. Based on W. Va. Code §44-3A-2, 44-4-12a. Confirm with the county commission or a licensed West Virginia attorney before acting.