Probate cost in West Virginia
In West Virginia, estates up to $50,000 can often skip full probate. For a $300,000 estate, the court fee is set by each county.
West Virginia's small estate limit is $50,000. Above it, the estate usually goes through probate.
- Court fee to open probatevaries by county
- Attorney fee sourceNo legal schedule: set by agreement or the courtset by agreement
- Executor fee sourceSet by state law$13,000
Probate total$13,000+
The total leaves out the costs shown without a number.
- Quicken WillMaker & Trust Plus sourceOne-time price for one person$149
- Yearly feeoptional yearly renewal$40
- Moving a home into the trustSet by your county recordercounty recording fee
Trust total$149+
Assets left outside the trust can still need probate.
Probate cost by estate size
| Estate value | Court fee | Attorney (law) | Executor (law) | Total |
|---|---|---|---|---|
| $100,000 | not set by law | not set by law | $5,000 | $5,000+ |
| $250,000 | not set by law | not set by law | $11,000 | $11,000+ |
| $500,000 | not set by law | not set by law | $20,000 | $20,000+ |
| $1,000,000 | not set by law | not set by law | $33,000 | $33,000+ |
"Not set by law" means the fee is agreed with the lawyer or set by the court, so it is not in the total. Use your own numbers.
The rules in West Virginia
- Small estate limit: $50,000 (Small estate affidavit (West Virginia Small Estate Act, W. Va. Code 44-1A)). Does not cover real estate. Heirs wait 30 days after the death. Enrolled 2025 HB 2867 (passed April 10, 2025, effective July 9, 2025): small assets may total $50,000 or less, and the decedent must own no probate real property. Wait: 30 days after death if the successor is the nominated PR or executor, 60 days otherwise. Affidavit is recorded with the county clerk or fiduciary supervisor. Before HB 2867 the act also allowed some real estate (lead from search, not read). Source
- Court fee: Set by each county. Varies by county: clerks charge recording fees for the will, appraisement and bonds. Statewide cap: where the county commission authorizes it, the fiduciary supervisor charges at qualification up to $25 (gross assets $10,000 or less), $100 ($10,000 to $50,000) or $175 (over $50,000), which covers notice publication (W. Va. Code 44-3A-42(a), 2023 amendment). Berkeley County says fees depend on gross estate value and pages recorded but lists no amounts. Cabell County's page returned 403. Source
- Attorney fee: No legal schedule: set by agreement or the court. No statutory schedule found. W. Va. Code 44-4-12: the fiduciary commissioner allows the fiduciary 'any reasonable expenses'; attorney fees are paid as such expenses. A lawyer who serves as PR gets no extra professional fee on top of the commission (44-4-12a(e)). Source
- Executor fee: Set by state law. W. Va. Code 44-4-12a (2007 HB 3270). Plus 1% of unsold real estate and 1% of non-administered property includable for federal estate tax (not in tiers). No commission on joint survivorship property. County commission may reduce or deny for poor service or increase for extraordinary services. A will may set different pay. Source
Some West Virginia rules could not be checked on a current official page. Each rule links to the source we used. Confirm with the court or a lawyer before you rely on it.
General information from official state sources, not legal advice.