West Virginia – Parker & Cole

FAQs for West Virginia Probate

Probate laws vary state to state so it is important that you understand the laws in your state.  There are key differences that make dealing with probate in West Virginia unique.

1. Can Probate be avoided in West Virginia?

In West Virginia, you can avoid Probate if you set up a trust for all of your assets. If there is no trust or other plans, the estate will enter the probate process in West Virginia which can be a long process.


2. How long does Probate Take in West Virginia?

The probate process in West Virginia can be frustratingly long. It can take anywhere from 9 months to over 2 years, depending upon the complexity of the estate, the number of heirs, and the speed of the local court administering the case. If the Will is being contested, probate can drag on for even longer – sometimes taking several years. And that was pre-pandemic so now we are seeing more delays. Parker & Cole can get you funded long before the probate process is completed.

3. How can I speed up the probate process in West Virginia?

Unfortunately, there is no real way to speed up the probate process, as it is required to go through the Courts which are currently backlogged. However, Parker & Cole can be the ideal solution to access a portion of your inheritance while you wait for the estate to close and disburse. The experienced professionals at Parker & Cole can guide you through the process making it easy to get the money you need as quickly as the same day.

4. Can I get a Probate Advance in West Virginia?

Yes. Parker & Cole works in all fifty states and in all of West Virginia ’s counties, including, but not limited to the following:

  • Barbour County, WV
  • Berkeley County, WV
  • Boone County, WV
  • Braxton County, WV
  • Brooke County, WV
  • Cabell County, WV
  • Calhoun County, WV
  • Clay County, WV
  • Doddridge County, WV
  • Fayette County, WV
  • Gilmer County, WV
  • Grant County, WV
  • Greenbrier County, WV
  • Hampshire County, WV
  • Hancock County, WV
  • Hardy County, WV
  • Harrison County, WV
  • Jackson County, WV
  • Jefferson County, WV
  • Kanawha County, WV
  • Lewis County, WV
  • Lincoln County, WV
  • Logan County, WV
  • Marion County, WV
  • Marshall County, WV
  • Mason County, WV
  • McDowell County, WV
  • Mercer County, WV
  • Mineral County, WV
  • Mingo County, WV
  • Monongalia County, WV
  • Monroe County, WV
  • Morgan County, WV
  • Nicholas County, WV
  • Ohio County, WV
  • Pendleton County, WV
  • Pleasants County, WV
  • Pocahontas County, WV
  • Preston County, WV
  • Putnam County, WV
  • Raleigh County, WV
  • Randolph County, WV
  • Ritchie County, WV
  • Roane County, WV
  • Summers County, WV
  • Taylor County, WV
  • Tucker County, WV
  • Tyler County, WV
  • Upshur County, WV
  • Wayne County, WV
  • Webster County, WV
  • Wetzel County, WV
  • Wirt County, WV
  • Wood County, WV
  • Wyoming County, WV

5. Does West Virginia have an estate tax?

No, West Virginia does not have an estate tax. The following states do have an estate tax:

    • Connecticut
    • Illinois
    • Maine
    • Maryland
    • Minnesota
    • New York
    • Oregon
    • Rhode Island
    • Vermont
    • Washington (state)

6. Does West Virginia have an inheritance tax?

No, West Virginia does not have an inheritance tax. The following states do have an inheritance tax.

    • Iowa
    • Kentucky
    • Maryland
    • Nebraska
    • New Jersey
    • Pennsylvania