Updated September 7, 2026. Quick answer: In West Virginia, you have 6 months to contest a will that has already been admitted to probate, running from the county commission’s probate order, or the circuit court’s order if the case was appealed.
How long do you have to contest a will in West Virginia?
| Deadline to contest an admitted will | 6 months |
| What starts the clock | the county commission’s probate order, or the circuit court’s order if the case was appealed |
| Dedicated will-contest statute? | Yes |
“If the judgment or order was entered by the circuit court on appeal from the county commission, such complaint shall be filed within six months from the date thereof, and if the judgment or order was entered by the county commission and there was no appeal therefrom, such complaint shall be filed within six months from the date of such order of the county commission.”
Source: W. Va. Code § 41-5-11
What makes West Virginia different
West Virginia’s clock start-date depends on which body actually issued the controlling probate order; the county commission, the state’s initial probate forum, or the circuit court if the case was appealed; rather than a single fixed admission event. The controlling authority is W. Va. Code § 41-5-11, and the window runs from the county commission’s probate order, or the circuit court’s order if the case was appealed.
What happens once this deadline passes?
Once the window above closes, West Virginia’s probate of the will generally becomes final and binding on everyone who had the chance to object, subject only to the tolling or discovery exceptions described above; a separate objection West Virginia allowed at the original probate hearing does not reopen or extend it.
Sources
| Statute / rule | W. Va. Code § 41-5-11 |
| West Virginia courts (general reference) | West Virginia judicial branch |
| Confidence | High |
Every statute or rule quoted on this West Virginia page was read directly from the state’s own legislature/court/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; whether a specific contest is still timely can turn on facts (exactly when notice was given, how the will was probated, whether a disability applies) that only your own West Virginia probate court file can confirm.