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:"

Read the source.

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,"

Read the source.

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."

Search West Virginia

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

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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.

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