Dying without a will in West Virginia: intestate succession & what happens
With no will, West Virginia's intestate succession statute (W. Va. Code § 42-1-1) determines who inherits, and the County Commission appoints an administrator. The small-estate affidavit still applies. Kindred handles the administration either way.
- With no will, West Virginia's intestate succession statute (W. Va. Code § 42-1-1) determines who inherits, and the County Commission appoints an administrator. The small-estate affidavit still applies. Kindred handles the administration either way.
- West Virginia allows self-representation in probate — Kindred handles the administrative work for a flat fee.
- The court appoints an administrator instead of an executor when there is no will naming one.
- Small-estate simplified procedures may still be available even without a will.
Common questions
Do I need a lawyer for probate in West Virginia?
Not strictly — West Virginia does not require an attorney for an ordinary, uncontested probate. Kindred handles the administrative work for a flat fee. If a dispute arises, we flag it so you can bring in an attorney of your choosing. Kindred is not a law firm.
How much does probate cost in West Virginia?
No statutory percentage fee — attorneys typically bill $200-$350/hour or a flat fee. Filing fees run about $120-$180. Estates under $50,000 (rising to $100,000 effective July 1, 2026) can use a small-estate affidavit. These are illustrative figures.
How long does probate take in West Virginia?
Typically 8 to 14 months. Creditors have 60 days from publication of notice to file claims. An inventory is due within 90 days of qualification.
Last verified July 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.
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