State guide
West Virginia
West Virginia’s probate notice system is tied to the county commission and, in many estates, a fiduciary commissioner. The clerk of the county commission publishes the estate administration notice, and the statute now builds a 60-day creditor-claim period directly into that published notice. ([code.wvlegislature.gov](https://code.wvlegislature.gov/pdf/44/))
Checked against official sources on October 4, 2026. Rules and links change; confirm with the office listed before you act.
- Publishing the notice
- The county clerk publishes the notice once a week for two successive weeks as a Class II legal advertisement in a newspaper of general circulation in the county; West Virginia’s legal-advertising law defines the qualifying newspaper. ([code.wvlegislature.gov](https://code.wvlegislature.gov/pdf/44/))
- Creditor claim deadline
- 60 days after first publication
- Law
- W. Va. Code §§ 44-1-14a, 44-2-4, 44-1A-1, 59-3-1
- Small-estate limit
- Probate personal property/assets not over $50,000 and West Virginia probate real estate not over $100,000
Official resources in West Virginia
Official statute on notice of administration, objections, and the published creditor-claim statement.
Official statute requiring mailing of the notice to known creditors, distributees, and legatees.
Official small-estate statutes, including the probate personal-property and real-estate thresholds.
Official legal-advertising statute defining a qualified newspaper and general circulation.
Official statewide court forms page; West Virginia does not appear to provide a probate-specific self-help page here.
Key facts for West Virginia
- Estate administration notice must run once a week for two successive weeks in a newspaper of general circulation in the county. ([code.wvlegislature.gov](https://code.wvlegislature.gov/pdf/44/))
- The published notice must state that claims against the estate must be filed within 60 days of first publication. ([code.wvlegislature.gov](https://code.wvlegislature.gov/pdf/44/))
- Known creditors, distributees, and legatees must be mailed a copy of the notice by United States mail. ([code.wvlegislature.gov](https://code.wvlegislature.gov/44-2-4/?utm_source=openai))
- West Virginia defines a qualified newspaper as a regular-issue paper with bona fide general circulation, published at least weekly for 50 weeks and for at least one year. ([code.wvlegislature.gov](https://code.wvlegislature.gov/59-3-1/?utm_source=openai))
- The Small Estate Act defines a small estate as probate personal property/assets up to $50,000 and West Virginia probate real estate up to $100,000. ([code.wvlegislature.gov](https://code.wvlegislature.gov/44-1A-1/?utm_source=openai))
What to do next
- Ask the county clerk or fiduciary supervisor which local paper they use for Class II probate notices before paying for publication.
- Gather a complete creditor list early so the mailed notices required by §44-2-4 go out with correct addresses.
- Check whether the estate qualifies under the Small Estate Act before opening a full probate file.
Helpful guides
- What is a notice to creditors in probate?
- How to publish a probate notice in a newspaper
- How much does it cost to publish a probate notice?
- What counts as a legal newspaper for probate notices
Creditor deadline calculator →