A house or land without probate in West Virginia

An owner can transfer real estate to beneficiaries or contingent beneficiaries effective at death with a transfer on death deed. It must have the elements of a recordable deed, state that the transfer happens at the owner's death, and be recorded before the owner's death with the clerk of the county commission where the property is.

Checked against official sources: October 30, 2026.

Transfer-on-death (TOD) and payable-on-death (POD) in West Virginia

Real estate (TOD deed)

Yes · Transfer on death deed (West Virginia Uniform Real Property Transfer on Death Act)

An owner can transfer real estate to beneficiaries or contingent beneficiaries effective at death with a transfer on death deed. It must have the elements of a recordable deed, state that the transfer happens at the owner's death, and be recorded before the owner's death with the clerk of the county commission where the property is. It is exempt from the real estate transfer excise tax when recorded and stays revocable until death.

Law: W. Va. Code secs. 36-12-1 et seq. (36-12-5, 36-12-9)

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Real estate in West Virginia
Has its own procedure

If the person owned any probate real estate (or an interest in it) in West Virginia, the small estate affidavit cannot be used; a regular probate is needed. Real estate held in a nonprobate form (such as joint with survivorship or a recorded transfer on death deed) does not block it.

Law: W. Va. Code 44-1A-2(a), (e) item 6

Main home (primary residence)
Has its own procedure

A home in West Virginia in the person's name alone means the affidavit cannot be used. A home held jointly with survivorship or with a transfer on death deed passes outside probate.

Law: W. Va. Code 44-1A-2(a); W. Va. Code 36-12-5

Surviving spouse in West Virginia

West Virginia has no separate small estate procedure or higher limit for a surviving spouse. The small estate law does not limit a surviving spouse's right to take an elective share. Vehicles titled jointly with 'OR' pass to the surviving owner by signing the title.

Law: W. Va. Code 44-1A-5(c)

Who inherits with no will in West Virginia

If there is no will: the surviving spouse gets everything if the person left no descendants, or if all the person's descendants are also the spouse's and the spouse has no other descendants. The spouse gets three-fifths if the spouse has descendants who are not the person's, and one-half if the person has descendants who are not the spouse's. Anything else goes to descendants, then parents, then the parents' descendants (brothers, sisters and their families), then grandparents and their descendants.

Law: W. Va. Code secs. 42-1-3, 42-1-3a

Source: Official page

Related pages

Free help in West Virginia

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.