West Virginia · Set by law
West Virginia executor fee calculator
West Virginia personal representatives get 5% of the first $100,000 of personal estate, income and real estate sale proceeds, 4% of $100,000 to $400,000, 3% of $400,000 to $800,000 and 2% above $800,000, plus 1% of real estate that isn't sold (W. Va. Code § 44-4-12a).
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Set by law
$0
Enter the estate values to see the fee.
Source: W. Va. Code § 44-4-12a. This doesn't include extra pay for extraordinary work, or anything a will or written agreement sets instead.
General information, not legal advice. Statutes change, and courts apply them to the facts of each estate. Check with the probate court or a probate attorney before you rely on a figure or a date.
West Virginia executor fee rates
| Part of the estate | Rate |
|---|---|
| First $100,000 | 5% |
| $100,000 to $400,000 | 4% |
| $400,000 to $800,000 | 3% |
| Above $800,000 | 2% |
| Real estate not sold | 1% |
Source: W. Va. Code § 44-4-12a.
What the fee is based on
All personal estate subject to administration, including its income, received and accounted for, plus the gross proceeds of real estate sold (W. Va. Code § 44-4-12a(a), (c)).
Worked example
- Personal estate, its income, and real-estate sale proceeds: $300,000
- Value of real estate not sold: $200,000
| 5% of the first $100,000 | $5,000 |
| 4% of $100,000–$400,000 | $8,000 |
| 1% of real estate not sold | $2,000 |
| Total | $15,000 |
What can change the amount
- Another 1% applies to non-probate property that counts for federal estate tax, but there's no commission on joint and survivorship property. This calculator doesn't include that part (§ 44-4-12a(b)).
- The county commission can cut or deny the commission, or raise it for extraordinary work (§ 44-4-12a(d)).
- A will may set a different commission (§ 44-4-12a(f)).
Common questions
How much does an executor get paid in West Virginia?
West Virginia personal representatives get 5% of the first $100,000 of personal estate, income and real estate sale proceeds, 4% of $100,000 to $400,000, 3% of $400,000 to $800,000 and 2% above $800,000, plus 1% of real estate that isn't sold (W. Va. Code § 44-4-12a).
What is the executor fee on the example estate in West Virginia?
The West Virginia formula gives $15,000 for the usual executor duties (set by law). Extra work, a clause in the will or a court order can change it.
Which assets count toward the executor fee in West Virginia?
All personal estate subject to administration, including its income, received and accounted for, plus the gross proceeds of real estate sold (W. Va. Code § 44-4-12a(a), (c)).
Can a West Virginia executor get more or less than the formula?
Another 1% applies to non-probate property that counts for federal estate tax, but there's no commission on joint and survivorship property. This calculator doesn't include that part (§ 44-4-12a(b)).
What else changes executor pay in West Virginia?
The county commission can cut or deny the commission, or raise it for extraordinary work (§ 44-4-12a(d)).
More for West Virginia
- West Virginia probate forms→
35 court forms, by county.
- West Virginia probate guide→
How probate works there, how long it takes, and when you can skip it.
- West Virginia probate courts→
Phone numbers, addresses, fees and forms for each county court.
Sources
- W. Va. Code § 44-4-12a — West Virginia Legislature
We last checked the statute text against the official publishers in August 2026.