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    West Virginia guide

    What to do when someone dies in West Virginia

    West Virginia has no estate tax, which makes the financial picture relatively clean. Probate runs through the County Commission — an unusual structure compared to most states, which use a dedicated probate court or circuit court.

    Content updated: July 2026

    What's unique in West Virginia

    State-specific rules that affect how an estate is handled here.

    County Commission probate

    West Virginia probate is handled by the County Commission in the county where the deceased lived — not a dedicated probate court. Small estate procedures are available for estates under $50,000.

    No West Virginia estate tax

    West Virginia does not have its own estate tax. Only the federal estate tax may apply, and only for very large estates.

    Elective share rights

    A surviving spouse in West Virginia has elective share rights to a portion of the augmented estate. These rights must be exercised within a specific timeframe.

    State income tax and CPRB

    West Virginia has its own income tax. A final state return must be filed. If the deceased was a state employee, the Consolidated Public Retirement Board (CPRB) administers survivor benefits. Note: West Virginia has been phasing out its taxation of Social Security income — survivor benefits may be partially or fully exempt depending on the current tax year, so a surviving spouse should verify the current exemption status.

    A glimpse at what Order covers in West Virginia

    These are just a few of the West Virginia-specific tasks Order surfaces automatically when you select your state.

    File for West Virginia probate with County CommissionLegal & Estate

    West Virginia probate is handled by the County Commission — not a dedicated probate court. Small estate procedure for estates under $50,000. Most estates also pass through a fiduciary commissioner who reviews accountings before final distribution.

    Review West Virginia elective share rightsLegal & Estate

    Surviving spouse has rights to a portion of the augmented estate — must act within the required timeframe after the estate is opened.

    Claim West Virginia Consolidated Public Retirement Board (CPRB) survivor benefitsFinancial Affairs

    The Consolidated Public Retirement Board administers multiple retirement plans for state employees — identify which plan the deceased belonged to before contacting CPRB.

    Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.

    Official resources for West Virginia

    West Virginia CourtsOpen the estate with the County Commission and work with the fiduciary commissionerWest Virginia Tax DivisionFile the final state income tax return for the year of deathWest Virginia DMVTransfer vehicle titles to heirs using estate documentationWest Virginia Consolidated Public Retirement Board (CPRB)Notify the pension and apply for any survivor benefit for public employeesWest Virginia Division of Veterans AffairsApply for the surviving spouse property tax exemption and burial eligibility at West Virginia National Cemetery in Grafton or Beverly National Cemetery

    What families commonly miss in West Virginia

    • Families who expect to walk into a dedicated probate court in West Virginia are often surprised to find that probate is administered by the County Commission — the same body that handles other county business, not a separate legal venue.
    • West Virginia families are often caught off guard by the fiduciary commissioner — a court-appointed reviewer of all estate accountings who must sign off before any final distribution, a step that simply doesn't exist in most other states and adds both time and cost to the process.
    • West Virginia families with mineral rights or natural resource interests often underestimate the complexity those assets bring — they require careful valuation and may need to be handled separately from other real estate, adding steps that families with more conventional estates never encounter.

    Deeper reading

    Probate: what families need to know

    Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in West Virginia.

    Military families in West Virginia

    West Virginia has additional veteran & survivor benefits

    • Apply for West Virginia property tax exemption (surviving spouse of disabled veteran)
    • Contact West Virginia National Cemetery or Beverly National Cemetery

    West Virginia-specific

    Start these West Virginia-specific tasks in Order

    These tasks appear automatically in your checklist when you select West Virginia as your state.

    File for West Virginia probate in County CommissionLegal & Estate

    Deliver the will to the clerk of the county commission within 30 days.

    Review West Virginia elective share rightsLegal & Estate

    Surviving spouse entitled to elective share of augmented estate

    Transfer vehicle at West Virginia DMVLegal & Estate

    Submit title transfer with estate documentation

    Plus dozens more tasks added automatically for West Virginia families.

    Order walks your family through every step, for West Virginia and beyond.

    One-time purchase. Lifetime access. Unlimited family members. Everything your family needs, organized in one place.

    Covers all 50 states + DC · Jurisdiction-specific tasks added automatically

    See guides for other states

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