What to Do When Someone Dies in West Virginia

West Virginia’s approach to routine probate is genuinely different from most states, worth knowing before you start looking for a probate judge.

How do I get a death certificate in West Virginia?

Certified death certificates in West Virginia are issued through the West Virginia Division of Vital Registration. The funeral home typically handles ordering these on your behalf.

Who handles probate in West Virginia?

For routine, uncontested estates, West Virginia generally routes probate through the county Clerk’s office administratively - a genuinely different structure from most states, where a judge typically oversees the process even for simple, uncontested matters. If a matter becomes contested, it can still go before a judge, but many straightforward estates never need that step.

Is there a simplified process for small estates in West Virginia?

Yes - West Virginia offers a simplified process for smaller qualifying estates, generally faster than full formal administration.

Does West Virginia have a state estate or inheritance tax?

No - West Virginia does not currently have a state estate tax or inheritance tax.

Where can I get help?

• West Virginia Division of Vital Registration for death certificate questions
• The county Clerk’s office for probate process questions
• West Virginia State Bar for attorney referrals, including estate and probate specialists

West Virginia law can change. This is general educational information, not legal advice — please consult a West Virginia-licensed attorney for guidance specific to your situation.