West Virginia law
Estate Planning Laws in West Virginia.
West Virginia estate planning is governed principally by Chapters 41 (Wills) and 44 (Administration of Estates) of the West Virginia Code and by the West Virginia Uniform Trust Code (W. Va. Code § 44D). West Virginia has no state estate tax (repealed) and no state inheritance tax. Probate is administered by the county commissions (not the Circuit Courts), which is a distinctive feature of West Virginia probate practice. West Virginia adopted the Uniform Real Property Transfer on Death Act (W. Va. Code § 36-12) — authorizing transfer-on-death deeds for real property.
Last verified: 2026-04-20
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State law
Key West Virginia Statutes
West Virginia's statutory framework for execution, revocation, and probate of wills.
West Virginia's principal probate-administration statute. Probate is handled by the county commission in each county, not the Circuit Courts — a distinctive feature of West Virginia estate practice.
West Virginia's enactment of the Uniform Trust Code — the principal framework for creation, modification, and administration of trusts.
Authorizes transfer-on-death deeds for West Virginia real property — allowing a deed that transfers at death without probate.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in West Virginia.
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