Letters testamentary · West Virginia
Letters testamentary in West Virginia
How to be appointed executor in West Virginia, what the County Commission needs, and what letters cost.
In West Virginia, letters testamentary are issued by the County Commission after a petition is filed with the original will, a certified death certificate, and a filing fee of about $250. Most petitions clear in 2 to 8 weeks. Banks, brokerages, the IRS, and the DMV all require an original certified copy.
Quick facts
| Court | County Commission |
|---|---|
| Statute | § 44-1A-2 |
| Typical filing fee | $250 |
| Typical timeline | 2 to 8 weeks |
Fees and timelines vary by county. Confirm with the County Commission before filing.
Step by step
Locate the original will
West Virginia requires the original will to issue letters. Search the home safe, attorney files, and the county clerk in case the will was deposited during the testator's lifetime.
File at the County Commission
Submit the will, a certified death certificate, and a petition for probate at the County Commission in the county where your relative lived.
Pay the filing fee
West Virginia filing fees run about $250, varying by county and estate size. Fee waivers are available for low-income petitioners in most counties.
Attend the appointment hearing
Most appointments are uncontested and handled in a short hearing or by paper review. The court confirms the will and your authority as executor.
Order certified letters
Once issued, order five to ten certified copies. Each bank, brokerage, and the IRS will ask for an original copy.
Open the estate bank account
Take a certified copy and the estate's EIN to the bank to open an account in the estate's name. Use that account for all estate income and expenses.
Common questions
Where do I file in West Virginia?
File at the County Commission in the county where the deceased lived at death, under § 44-1A-2.
How long does it take?
West Virginia typically issues letters within 2 to 8 weeks of filing, depending on the court's calendar and whether the petition is contested.
What does it cost?
Filing fees in West Virginia run about $250. Additional costs include certified copies (about $5 to $25 each), publication of notice, and any bond the court orders.
Do I need a lawyer?
West Virginia allows you to petition without an attorney, especially for simple estates. Contested petitions, business interests, and multi-state property usually benefit from counsel.
What if there is no will?
The court issues letters of administration instead of letters testamentary, and appoints an administrator under West Virginia's intestate succession statute.