FigureMyTax

West Virginia Fiduciary Supervisor vs Commissioner

There is no probate judge in West Virginia. There's a county administrative office, an attorney called in for the hard cases, and an elected commission that signs the final page.

W. Va. Code Chapter 44, Article 3A

By the FigureMyTax Editorial Team · How we calculate

Quick answer: West Virginia has no separate probate court. The County Commission is the court of probate; a non-judicial Fiduciary Supervisor handles routine estates; a Fiduciary Commissioner (an attorney) takes referred or contested ones. See how this affects your own estimate in the West Virginia probate timeline calculator.

Three offices, three roles

OfficeRoleHandles
County CommissionCourt of probateFinal ratification and approval of the settlement
Fiduciary SupervisorNon-judicial, day-to-day administrationRoutine, uncontested estates
Fiduciary CommissionerLicensed attorney (or equivalent qualifications)Referred, contested, or complex estates; formal claims hearings

A structurally different setup from most states

Worth understanding clearly: West Virginia never created a dedicated probate court, whether as its own court or a division of another. Instead, the County Commission of the county where the decedent lived acts as the court of probate. Day-to-day work is handled administratively by the Fiduciary Supervisor's office, a non-judicial position, unless an estate is referred to a Fiduciary Commissioner — who must be a licensed attorney or meet the Fiduciary Supervisor's own qualifications — for more complex or contested matters requiring hearings on disputed claims. The office was previously called "commissioner of accounts" before the Legislature renamed and restructured it.

Why the distinction matters for timing

An estate with a single, competent beneficiary can often settle without ever being referred to a Fiduciary Commissioner at all, moving through the Fiduciary Supervisor's more streamlined process. An estate that is referred — because of multiple beneficiaries, a disputed claim, or a request from an interested party — faces the fuller reporting and hearing process, including up to 10 months for the claims report alone.

Facing probate in West Virginia?

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

Talk to a West Virginia attorney

Supervisor vs commissioner — frequently asked questions

Does West Virginia have a probate court?

No — West Virginia never created one. The County Commission of the county where the decedent lived serves as the court of probate, with routine administration handled by a non-judicial Fiduciary Supervisor.

What's the difference between a Fiduciary Supervisor and a Fiduciary Commissioner in West Virginia?

The Fiduciary Supervisor is a non-judicial county office handling routine, uncontested estates. A Fiduciary Commissioner — who must be a licensed attorney or meet the supervisor's qualifications — takes referred, contested, or more complex estates requiring hearings.

What was West Virginia's fiduciary commissioner office previously called?

Commissioner of accounts. The West Virginia Legislature abolished that title and created the office of fiduciary commissioner in its place, with the same role.

Who ultimately approves a West Virginia estate settlement?

The County Commission, acting as the court of probate, gives final ratification, confirmation, and approval of the settlement report prepared by the fiduciary supervisor or commissioner.

Keep going

West Virginia Probate Timeline CalculatorYour estimate, based on your answers West Virginia Probate DeadlinesEvery statutory date, with citations What Delays Probate in West VirginiaBeyond the statutory floor West Virginia Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on W. Va. Code Chapter 44, Article 3A. Which office and process applies to a specific estate depends on its own facts. Consult a licensed West Virginia attorney before proceeding.