After a death in West Virginia

Small estates

Small estate settlement (W. Va. Code 44-3A-5). An estate is not sent to a fiduciary commissioner, which saves time and cost, when the assets subject to administration are worth $100,000 or less, not counting real estate unless the will requires it to be administered. The same applies when the personal representative is the only beneficiary, or when all beneficiaries sign a statement that no dispute is likely. The fiduciary supervisor at the county commission then handles the appraisement, claims and settlement.

• Limit: $100,000 (assets subject to administration, not counting real estate)
• Waiting time after the death: None stated in the statute
• Source: the official source

Probate court

In West Virginia, estates are handled by the County Commission of the county where the person lived, through the county clerk’s office. A fiduciary supervisor or fiduciary commissioner may oversee the estate., usually in the county where the person lived.

Creditor claims: 60 days from the first publication of the notice of administration (W. Va. Code 44-1-14a).

Official court forms

West Virginia courts do not handle probate. Estates, including small estate affidavits, go through the county commission and county clerk where the person lived, and each county clerk gives out its own forms.

Ask the clerk of the probate court in the county where the person lived for the forms they use. Many courts post them on the county website.

Estate and inheritance tax

• State estate tax: No. West Virginia has no state estate tax.
• Inheritance tax: No. West Virginia has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Transfer on death deed under the Uniform Real Property Transfer on Death Act (W. Va. Code chapter 36, article 12), enacted in 2014.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: In writing and signed by the will maker (or by another in their presence and at their direction), signed or acknowledged in the presence of at least two competent witnesses present at the same time, who sign in the presence of the will maker and of each other (W. Va. Code 41-1-3).

Handwritten wills: Valid without witnesses if the will is wholly in the will maker’s handwriting and signed (W. Va. Code 41-1-3).

Power of attorney and health care directive

Financial power of attorney: West Virginia Uniform Power of Attorney Act (W. Va. Code chapter 39B). The power of attorney must be signed by the principal (or by another in their conscious presence at their direction) and must be acknowledged before a notary (W. Va. Code 39B-1-105). No witnesses are required.

Health care directive: Living Will and Medical Power of Attorney (West Virginia Health Care Decisions Act, W. Va. Code 16-30-4). Must be in writing, dated, signed in the presence of two adult witnesses, and the witnesses’ signatures must be acknowledged before a notary. Witnesses cannot be the person who signed for you, a relative by blood or marriage, a beneficiary under your will, anyone directly financially responsible for your care, your attending doctor, or your medical power of attorney representative.

Death certificates

Certified copies come from the West Virginia Vital Registration Office, Health Statistics Center, Bureau for Public Health, 350 Capitol Street, Charleston.. The fee is $12 per certified copy (includes a nonrefundable search fee).. The funeral home can usually order them for you.

ID is required. Same day service in person in Charleston. Online orders go through VitalChek.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

In West Virginia, probate runs through the county commission and county clerk, not a court. Living wills and medical powers of attorney need both two witnesses and a notary.