West Virginia
Estate law, probate process, and inheritance rules for West Virginia — in plain language.
$2,000–$4,000 typical
Affidavit procedure W. Va. Code §44-1A-1
Elective share: 1/3 of augmented estate
Spouse + descendants: spouse takes first $50K + 1/2 of remainder.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed promptly
- ⏱Notice to creditors: 90 days
- ⏱Inventory: 60 days after appointment
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →No state tax — probate avoidance for estates > $500K
- →Coal/mineral rights estate planning is unique to WV
- West Virginia Code Chapter 41-44 (Decedents Estates)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in West Virginia.
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