West Virginia small estate affidavit: limits & how it works
West Virginia's small-estate affidavit allows a beneficiary to collect personal property without full probate when the estate is $50,000 or less (rising to $100,000 effective for deaths on or after July 1, 2026).
WV small-estate limit
$50,000 (rising to $100,000 effective for deaths on or after July 1, 2026)
- Small-estate affidavit available 60 days after death for estates under $50,000 (rising to $100,000 for deaths on or after July 1, 2026).
- The affidavit is presented directly to the institution holding the assets.
- Real property in the decedent's name alone generally still requires probate.
- Kindred can prepare the small-estate affidavit or run the full probate if the estate exceeds the limit.
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.
You don't have to carry this alone.
Tell us about the estate on a free, no-obligation call. We'll map out exactly what needs to happen — and how we'd take it off your plate.
Start with fixed-fee Estate Setup, then choose the right package.
Tell us about your situation
Has the person passed away?
Your relationship to them