Updated September 7, 2026. Quick answer: West Virginia sets no statewide probate filing fee; Kanawha County, its most populous, prices opening the estate from $75 to $300, based on the decedent’s assets.
If a trust could save your estate this fee in West Virginia
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.
Build a living trust at LawDepot
LawDepot pays us a commission if you buy through this link, it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
What West Virginia charges to open probate
West Virginia sets no single statewide figure for this fee; each county’s probate court sets its own schedule, 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 by each county commission clerk, not a state court of record, and no statewide flat/tiered statute was found; Kanawha County (Charleston) is shown as the verified example.
Where this money goes and who sets it
The authority for this figure is W. Va. Code § 44-3A-42 (delegates fee-setting to each county commission); 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 West Virginia leaves this to each county, the same estate could cost more or less to open depending on which county courthouse 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 (delegates fee-setting to each county commission); Kanawha County Fiduciary/Probate Office checklist.