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.