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Settling an estate in West Virginia

In West Virginia, probate typically takes 6-18 months. Estates under $50,000 can usually use a simpler small-estate process. West Virginia has no state estate tax and no inheritance tax.

The key numbers

Reviewed January 2026
Typical probate timeline
6-18 months
Small estate limit
$50,000
Small estate process
Small estate procedures for estates under $50K.
Deadline to file the will / open probate
No strict deadline
State estate tax
No
Inheritance tax
No
Executor pay
Statutory: 5% of first $100K, 4% of next $300K, 3% of next $400K, 2% over $800K.
Community property state
No
Homestead protection
$35,000 homestead exemption

Deadlines to know

Creditor claims period
3 months from first publication
Final income tax
April 15 of following year

Common questions

How long does probate take in West Virginia?

Probate in West Virginia typically takes 6-18 months. Simple estates move faster; disputes, real estate in other states, or a business can stretch it.

What is the small estate limit in West Virginia?

$50,000. Small estate procedures for estates under $50K.

Does West Virginia have an estate or inheritance tax?

No. West Virginia has no state estate tax. It has no inheritance tax.

How much does an executor get paid in West Virginia?

Statutory: 5% of first $100K, 4% of next $300K, 3% of next $400K, 2% over $800K.

Next steps

Read the full West Virginia estate settlement guide, or start with Executor 101.

Get a West Virginia checklist with Afterward →

Figures last reviewed January 2026. Laws change, and this is general information, not legal advice. Confirm with the West Virginia probate court in the county where your loved one lived, or a local estate attorney.