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.
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.
“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”
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.
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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 sizes it at 100% of the estimated value of the personal estate plus expected annual income, 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”
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 the personal representative can still remain personally liable on a suretyless bond even when a will-based waiver of surety applies.
| 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.