Updated September 7, 2026. Quick answer: West Virginia law caps the fiduciary supervisor’s estate fee at $25, $100 or $175 depending on gross assets; Kanawha County, its most populous, lists its fees as ranging from $75 to $300, based on the decedent’s assets.
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A living trust avoids probate entirely in West Virginia, which means the estate skips the $75.00 above along with every other cost the court charges once a case is open. LawDepot builds a state-specific one.
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What West Virginia charges to open probate
West Virginia law caps the fiduciary supervisor’s estate fee at $25, $100 or $175 depending on gross assets, and each county commission’s fiduciary office sets its own charges within the law, so the exact amount depends on where the estate is opened.
| Lower end of the opening-the-estate range (Kanawha County) | $75.00 |
| Upper end of the opening-the-estate range (Kanawha County) | $300.00 |
| Separate publication-notice fee | $20.00 |
West Virginia probate is administered through each county commission, and W. Va. Code § 44-3A-42 caps the fiduciary supervisor’s estate fee at $25, $100 or $175 depending on gross assets; Kanawha County (Charleston) is shown as an example.
Where this money goes and who sets it
The authority for this figure is W. Va. Code § 44-3A-42 (authorizes the county commission to let the fiduciary supervisor charge up to $25, $100 or $175 by estate size); Kanawha County Fiduciary/Probate Office checklist. In the source’s own words: “Our fees range from $75-$300. (Based on everything that the decedent’s name was on at the time of death.)”
What this fee doesn’t cover
Because county commissions administer these fees within statutory ceilings, the same estate could cost more or less to open depending on which county handles it. Either way, this is the court’s own charge just to open the file and issue letters, separate from what an attorney charges to actually handle the estate and separate from any state estate or inheritance tax the estate itself might owe.
Sources
Source: W. Va. Code § 44-3A-42 (authorizes the county commission to let the fiduciary supervisor charge up to $25, $100 or $175 by estate size); Kanawha County Fiduciary/Probate Office checklist.