West Virginia executor and estate paperwork checklist

This is an organizer, not legal advice. An estate attorney or the county probate/surrogate office answers questions about your situation.

The first 30 days

General steps in plain words. Tick them off as you go; the ticks stay on this screen only.

1. Ask for certified death certificates, more than you thinkThe funeral director or vital records office issues them. Institutions often keep the copy you send, so plan on one each.
2. Make sure Social Security knowsFuneral homes generally report the death. If not, call 1-800-772-1213 (TTY 1-800-325-0778). A surviving spouse, or some children if there's no spouse, may get a one-time $255 payment.
3. Track down the willCheck the home, a safe deposit box and the lawyer who drafted it. Leave the original exactly as you found it and work from copies.
4. Check the will for a self-proving affidavitLook for a notarized statement by the witnesses attached to the will; this state allows one (see below).
5. Secure the home, car and mailLock up, keep the insurance in force, photograph valuables and forward the mail to yourself.
6. Don't pay bills or hand out belongings yetFirst learn which route fits and who is allowed to act; ask the probate office or an attorney about anything urgent.
7. Put the power of attorney awayA power of attorney ends at the principal's death. Whoever was the agent no longer signs for the person.
8. Start an inventoryEvery account, property, vehicle and debt, with how each is held. Beneficiary and joint accounts usually pass directly, not through the estate.
9. Compare the estate with $50,000That's the small estate figure on this state's official page. Count only what the page says counts.
10. Count 60 days from the deathThat's when the official page says the small estate paperwork can be used.
11. Start the estate ledgerRecord every dollar in and out with a receipt: funeral costs, bills paid, money collected.
12. When appointed, get an EIN and open an estate accountPay estate bills from that account only. Form 1041 is due if the estate has more than $600 of gross income in a year (IRS).

Sources for the federal steps: Social Security Administration: When someone dies · IRS: Deceased taxpayers, filing the estate income tax return (Form 1041) · power of attorney: Power of attorney at a real estate closing.

The small estate route

• ConfirmedSmall estate limit

  Personal property (motor vehicles included) worth no more than $50,000, and no probate real property.

  "of not more than $50,000"

  • Vehicles count toward this limit.

  Source: W. Va. Code 44-1A, West Virginia Small Estate Act (West Virginia Legislature), checked November 2026

• ConfirmedReal estate

  Real estate in the person's name alone takes the estate out of this procedure.

  Source: W. Va. Code 44-1A, West Virginia Small Estate Act (West Virginia Legislature), checked November 2026

• ConfirmedWaiting period after the death

  60 days. Sixty days after the death; 30 days if the successor is the nominated personal representative.

  "at least 60 days"

  Source: W. Va. Code 44-1A, West Virginia Small Estate Act (West Virginia Legislature), checked November 2026

• ConfirmedNotary or oath

  Signed before a notary. Made on oath under penalty of perjury; the statutory form has a notary jurat.

  "Taken, subscribed, and sworn to before me the undersigned authority"

  Source: W. Va. Code 44-1A, West Virginia Small Estate Act (West Virginia Legislature), checked November 2026

• ConfirmedWhere the paperwork goes

  Filed with a county office. Tendered to the clerk of the county commission (or the fiduciary supervisor).

  "to the clerk of the county commission"

  Source: W. Va. Code 44-1A, West Virginia Small Estate Act (West Virginia Legislature), checked November 2026

• Not confirmedOfficial form

  Not confirmed — check W. Va. Code 44-1A, West Virginia Small Estate Act (West Virginia Legislature).

• Not confirmedSimplified court procedure

  Not confirmed — check W. Va. Code 44-1A, West Virginia Small Estate Act (West Virginia Legislature).

• ConfirmedWorth knowing

  The act doesn't limit a surviving spouse's elective share.

  Source: W. Va. Code 44-1A, West Virginia Small Estate Act (West Virginia Legislature), checked November 2026

The will at probate

When the will goes to the court, these signing rules are what it is checked against.

• ConfirmedWitnesses the will needed

  Two witnesses present at the same time, who sign in the testator's presence and each other's.

  "at least two competent witnesses, present at the same time"

  Source: W. Va. Code Chapter 41, Article 1, Making of Wills (West Virginia Legislature), checked November 2026

• ConfirmedSelf-proving affidavit

  Witnesses can sign affidavits at the testator's request before any officer authorized to administer oaths. Keep them with the will. They can't be used if the will is contested.

  "make and subscribe an affidavit before any officer authorized to administer oaths"

  Source: W. Va. Code Chapter 41, Article 1, Making of Wills (West Virginia Legislature), checked November 2026

• ConfirmedIf the will is handwritten

  Recognized. Witnesses aren't needed for a will wholly in the testator's handwriting.

  "unless it be wholly in the handwriting of the testator"

  Source: W. Va. Code Chapter 41, Article 1, Making of Wills (West Virginia Legislature), checked November 2026

• ConfirmedA witness who inherits

  A gift to a witness, or to a witness's spouse, is void. A witness who would inherit anyway keeps up to the value of the gift.

  "such devise or bequest shall be void"

  Source: W. Va. Code Chapter 41, Article 1, Making of Wills (West Virginia Legislature), checked November 2026

Documents to gather

• The last few years of tax returns
• Recent bills, loan and credit card statements
• Pension, Social Security and benefit letters
• Safe deposit box location and keys
• Certified death certificates
• The original will and any codicils
• Deeds and mortgage statements
• Vehicle titles and registrations
• Recent bank, brokerage and retirement statements
• Life insurance policies and annuities

Who to notify

Banks and credit unions, Brokerage and retirement accounts, Life insurance companies, Utilities and phone, Landlord or mortgage servicer, Credit card companies, Pension or employer, Social Security (if the funeral home hasn't). Write once to each, enclose a death certificate copy, and record the reply.

Documents needed abroad

• ConfirmedA death certificate needed abroad

  Apostilles for this state's documents come from the West Virginia Secretary of State. $10 per certification; when several documents are certified by the same official, the first is $10 and each additional one $5. Vital records: Certified copies signed by the State Registrar or the clerk of the county commission where the record is on file.

  Source: West Virginia Secretary of State, checked November 2026

Where to ask

An estate attorney or the county probate/surrogate office answers questions about your situation. Official pages for the state:

• W. Va. Code 44-1A, West Virginia Small Estate Act (West Virginia Legislature)
• W. Va. Code Chapter 41, Article 1, Making of Wills (West Virginia Legislature)
• W. Va. Code Chapter 41, Wills (West Virginia Legislature)

Still to confirm

• Official form: check W. Va. Code 44-1A, West Virginia Small Estate Act (West Virginia Legislature)
• Simplified court procedure: check W. Va. Code 44-1A, West Virginia Small Estate Act (West Virginia Legislature)

General information, not legal, tax or financial advice. We are not lawyers, and MCC Solutions is not a law firm. An estate attorney or the county probate/surrogate office answers questions about your situation. Facts checked November 2026.

Common questions

Related: Executor guide by state · Will signing requirements · Estate paperwork help