West Virginia has 55 counties and runs probate through the County Commission in each (West Virginia is one of the few states where probate is handled by the County Commission, not a dedicated court). The state has the lowest median home value in the country at around $155,000, but probate volume per capita is meaningful due to an older demographic and outmigration patterns.
West Virginia is unique in that probate is administered by the County Commission (with the Clerk of the County Commission as recordkeeper) rather than a dedicated probate or surrogate court. The County Commission has the original probate jurisdiction; complex matters can move to Circuit Court.
West Virginia has Transfer-on-Death Deeds (West Virginia Code chapter 36-12). TOD deeds are common. The state has no state estate tax. Small estate process (West Virginia Code section 44-1-13) covers estates under $50,000.
West Virginia's heavy outmigration over the past 30 years means many inherited homes are sold to non-family buyers — heirs often live out of state and want to liquidate.
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Not every estate goes through it — it depends on how the home was titled, whether there's a will or trust, and West Virginia rules. We'll help you find out.
Start with probate →Selling isn't the only option. Talk through whether it makes sense for you and what you'd actually walk away with after costs and the stepped-up basis.
Explore selling →Renting, holding, or renovating could be worth it. See what the numbers look like in your specific market before deciding.
Look at keeping it →Before you sell, rent, or move in, understand the home's real condition — and what fixing it up would actually take locally.
Check repairs →Most WV estates clear in 6 to 12 months. The 60-day creditor period is one of the shorter periods.
Yes. WV Code chapter 36-12. TOD-deeded homes bypass probate.
Monongalia (Morgantown), Kanawha (Charleston), Cabell (Huntington), and Berkeley (Martinsburg/Eastern Panhandle) see the strongest inherited-home volume. The Eastern Panhandle benefits from DC commuter migration.
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