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After a parent dies · West Virginia
How probate works in West Virginia after a parent dies
In West Virginia, anyone holding a will must deliver it to the county clerk or the named executor within thirty days after learning of the death. In West Virginia, failing without reasonable cause to deliver a will is a misdemeanor with a fine of up to $200.
Educational only. Not legal advice. Sources checked November 2, 2026.
What the official sources say
- In West Virginia, anyone holding a will must deliver it to the county clerk or the named executor within thirty days after learning of the death. West Virginia Code § 41-5-1. Checked November 2, 2026
- In West Virginia, failing without reasonable cause to deliver a will is a misdemeanor with a fine of up to $200. West Virginia Code § 41-5-1. Checked November 2, 2026
- In West Virginia, estates appraised at $200,000 or less (not counting specifically devised real estate and nonprobate assets) can follow a shorter process. West Virginia Code § 44-2-1. Checked November 2, 2026
How to keep these papers
Keep dated copies of the papers you already have in one place, and write the day something happened on the same day. KeepMyProof is a private phone app for that: folders with checklists, the day it happened next to the day you saved it, and one PDF of a folder when someone asks.
- Will or trust copies
- Death certificates
- Court papers naming the executor
- Accounts and property papers
- Bills and letters to close out
- Family land papers (heirs' property)
Download the free printable checklist (PDF)
One page, no email needed.
Coming soon to Google Play.
More for West Virginia
- How to order a death certificate in West Virginia
- Executor duties and deadlines in West Virginia
- Small estates in West Virginia: collecting a parent's property without full probate
- Transfer-on-death deeds for a home in West Virginia
- Executor checklist: papers after a parent dies: the full guide
- How probate works after a parent dies: all states
Neighbouring states
- How probate works in Ohio after a parent dies
- How probate works in Virginia after a parent dies
- How probate works in Washington after a parent dies
- How probate works in Wisconsin after a parent dies
Questions
Where do these West Virginia facts come from?
Each fact on this page is copied from an official source: West Virginia Code § 41-5-1; West Virginia Code § 44-2-1. We checked that each source still says it on November 2, 2026. Rules and forms change, so open the official link and read the current version before you rely on it.
Is this legal advice?
No. This page is educational only and is not legal advice. KeepMyProof is not a law firm. For advice about your situation, ask a lawyer licensed in West Virginia or your court's self-help center.
Which papers should I keep for after a parent dies?
A good start: Will or trust copies; Death certificates; Court papers naming the executor; Accounts and property papers; Bills and letters to close out; Family land papers (heirs' property). Keep only papers you are allowed to have, write the date on each note, and keep originals somewhere safe.
How can I keep these papers private on my phone?
KeepMyProof keeps copies of the papers you already have in folders with checklists, encrypted on your phone, with no account and no ads. It is free for the first items you save. It is coming soon to Google Play.
Educational only. Not legal advice.