West Virginia living trusts & estate documents

Living trust law in West Virginia

A revocable living trust holds your home, accounts, and other property during your life — you stay in full control as trustee and can change or revoke it any time — then passes it to your beneficiaries without probate when you're gone. In West Virginia, trusts are governed by the West Virginia Uniform Trust Code, W. Va. Code Chapter 44D.

Avoiding probate in West Virginia

Probate in West Virginia is governed by the W. Va. Code Chapters 41–44 and handled by the County Commission rather than a court, with appeals to the Circuit Court. See state probate code for administration options.

West Virginia's small-estate procedure applies when personal probate property is $50,000 or less and the estate holds no probate real property (W. Va. Code § 44-1A-2, as amended effective July 9, 2025); estates of $200,000 or less may also settle without referral to a fiduciary commissioner (§ 44-1-14a). That simplified procedure is set out in Small estate administration, W. Va. Code §44-1A-2. A funded living trust passes outside probate entirely, whatever the size of the estate — which is why West Virginia homeowners in particular set one up. West Virginia also authorizes a transfer-on-death deed (W. Va. Code § 36-12-1 et seq.) to pass real estate outside probate — a living trust does the same for every asset, not just real estate.

In West Virginia, creditors generally have 60 days after the first publication of the notice of administration to file claims against the estate (W. Va. Code § 44-1-14a) — one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in West Virginia

West Virginia imposes no estate tax and no inheritance tax: West Virginia has no estate or inheritance tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in West Virginia

A surviving spouse in West Virginia who is left out of the will can instead claim an elective share scaled to the length of the marriage, up to 50% of the augmented estate under W. Va. Code § 42-3-1 — a protection the will itself cannot override.

Signing your West Virginia documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Health Care Directive in the presence of two adult witnesses and before a Notary Public, as the form’s execution block provides.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for West Virginia — follow those as the authoritative guide.

Serving all of West Virginia

Answer the questionnaire from anywhere in West Virginia and download your completed documents in minutes: Charleston, Huntington, Morgantown, Parkersburg, Wheeling, Martinsburg, Fairmont, Beckley, Clarksburg, South Charleston, St. Albans, Vienna, and every community in between.