What to Do When Someone Dies in West Virginia
Reviewed by Everendium Editorial Team · Last reviewed August 18, 2026
Quick answer
West Virginia is distinctive in that routine, uncontested probate matters are generally handled by the County Clerk's office rather than a judge - a genuinely different structure from most states. West Virginia offers a simplified process for smaller estates and has no state estate or inheritance tax.
West Virginia’s approach to routine probate is genuinely different from most states, worth knowing before you start looking for a probate judge.
Death certificates
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.
Probate administered by the County Clerk
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.
Simplified process for small estates
West Virginia offers a simplified process for smaller qualifying estates, generally faster than full formal administration.
No state estate or inheritance tax
West Virginia does not currently have a state estate tax or inheritance tax.
Where to 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.
Frequently asked questions
How do I get a death certificate in West Virginia?+
The funeral home typically orders certified copies through the West Virginia Division of Vital Registration on your behalf.
Who handles probate in West Virginia?+
For routine, uncontested estates, the county Clerk's office generally handles probate administratively - a genuinely different structure from most states, where a judge typically oversees the process even for simple, uncontested matters. Contested matters can still go before a judge.
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.
Sources
Related glossary terms
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