Updated September 7, 2026. Quick answer: In West Virginia, west Virginia requires bond of an executor or administrator by default; the will may direct that no bond be given, but that direction can be overridden if an interested person petitions and the county commission, after a hearing, decides bond ought to be given.
West Virginia executor bond: what the statute says
Each line is a short extract quoted from the statute cited; the section has the exceptions.
- When a bond is required. W. Va. Code § 44-1-7: “Every bond required to be given by an executor or administrator…”
- Waiver. W. Va. Code § 44-1-8: “…where the will directs that an executor shall not give bond, it shall not be required of him or her, unless at the time the will is admitted to probate or at any time subsequently, on the application of any person interested, and after a hearing, it is required by the county commission that bond ought to be given.”
- Amount. W. Va. Code § 44-1-7: “Every bond required to be given by an executor or administrator shall be in a penalty equal, at the least, to the full value of the personal estate of the deceased to be administered…” “…and where there is a will which authorizes the executor or administrator to sell real estate, or receive the rents and profits thereof, the bond shall be in a penalty equal, at the least, to the full value both of such personal estate and of such real estate…” “…or of such personal estate and of such rents and profits, as the case may be.”
- Surety and cost. W. Va. Code § 44-1-8: “No surety shall be required on the bond of the executor if he or she is also the sole beneficiary of the decedent, unless the will directs otherwise…”
For the rest of the process and its fees, see West Virginia probate cost.
Does West Virginia require an executor to post a bond?
West Virginia requires bond of an executor or administrator by default; the will may direct that no bond be given, but that direction can be overridden if an interested person petitions and the county commission, after a hearing, decides bond ought to be given.
“Subject to the provisions of section three, article five of this chapter governing the appointment of a nonresident of this state as an executor, where the will directs that an executor shall not give bond, it shall not be required of him or her, unless at the time the will is admitted to probate or at any time subsequently, on the application of any person interested, and after a hearing, it is required by the county commission that bond ought to be given.”
Source: W. Va. Code § 44-1-8
Can the will waive it in West Virginia?
Yes. Where the will directs that an executor shall not give bond, it shall not be required, unless an interested person later petitions the county commission and it orders bond be given after a hearing; this is subject to the separate nonresident executor rules of W. Va. Code § 44-5-3.
If a DIY will is the right route for you in West Virginia
Because West Virginia’s own bond rule turns on what your will says, a properly executed will is the actual lever here, not paperwork on the side. LawDepot builds a state-specific last will and testament, which you then sign and witness under your state’s rules.
LawDepot pays us a commission if you buy through this link and it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
Can the heirs or beneficiaries waive it in West Virginia?
Sometimes. No surety (not the bond itself) is required if the executor is also the sole beneficiary, or the administrator is the sole distributee, unless the will directs otherwise or an interested person successfully petitions the county commission for surety.
If a bond is required, how much?
When a bond is required, West Virginia sets the penalty at no less than the full value of the personal estate to be administered, plus the full value of the real estate (or its rents and profits) where the will authorizes the executor or administrator to sell it or receive them, per its own bond-amount statute.
“bond required to be given by an executor or administrator shall be in a penalty equal, at the least, to the full value of the personal estate of the deceased to be administered; and where there is a will which authorizes the executor or administrator to sell real estate, or receive the rents and profits thereof, the bond shall be in a penalty equal, at the least, to the full value both of such personal estate and of such real estate, or of such personal estate and of such rents and profits, as the case may be.”
Source: W. Va. Code § 44-1-7
What makes West Virginia different
West Virginia separately regulates the bond itself versus the surety on the bond: a will can waive the bond outright (subject to later challenge), while a distinct sole-beneficiary/sole-distributee rule waives only the surety requirement, meaning that where no surety is required, the executor or administrator remains liable on the bond on his or her own personal recognizance in the event of default, failure or misadministration.
| Bond-requirement source | W. Va. Code § 44-1-8 |
| West Virginia courts (general reference) | West Virginia judicial branch |
| Confidence | High |
Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.
Related: how long creditors have to file a claim against an estate in West Virginia.
Related: how long you have to contest a will in West Virginia.