States / West Virginia
After a death in West Virginia
Where to look for a will, who to ask and where to search for money in West Virginia.
The will
Which court handles probate
The county commission's clerk (statute still says 'county court') in the county where the person lived handles probate of wills.
"The county court shall have jurisdiction of the probate of wills according to the following rules:"
What to do with the original will
Anyone with custody of a will must, within 30 days after learning of the death, deliver it to the county clerk with probate jurisdiction or to the named executor, who offers it for probate. Neglect without reasonable cause is a misdemeanor and carries liability for damages.
"within thirty days after the death of the testator is known to him"
W. Va. Code § 41-5-1. Read the source.
Wills deposited during life
We couldn't check this rule at an official source, so we won't guess. Ask the probate court clerk in the county where they lived.
Opening a safe deposit box
We couldn't check this rule at an official source, so we won't guess. Ask the probate court clerk in the county where they lived.
Searching for a will or case
Ask the county clerk in the county where the person lived; the clerk keeps a delivered will safe and notifies the executor and beneficiaries.
"and shall keep the same safe in his office until proceedings may be had for the probate thereof,"
Unclaimed money
West Virginia State Treasurer's Office
"The West Virginia State Treasurer’s Office does not charge a fee to search for or claim unclaimed property."
Instructions for heirs and estates
Source, checked 2026-10-15.
Small estates
We couldn't check this rule at an official source, so we won't guess. Ask the probate court clerk in the county where they lived.
Death certificates
undefined
First copy $12.00, more copies in the same order $12.00 each. Listed informant, parents/grandparents, adult children/grandchildren/siblings, spouse or legal representatives. Proof of relationship and valid identification may be required.
Order from the state. Online vendors add fees.
State will and court rules checked 2026-11-06. See how we check facts or report a mistake. This is general information, not legal advice.