Hiring a Wills, Trusts or Probate Lawyer in West Virginia
What West Virginia requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in West Virginia: fee rules
| Rules on contingency fees | Under West Virginia Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The West Virginia State Bar's Voluntary Fee Dispute Resolution Program helps clients and lawyers work out disagreements over fees or costs; either side can start it. An attorney member of the District Grievance Committee living in the claimant's county contacts both parties to try to resolve the dispute, ideally within 30 days. Send a description of the dispute and relevant documents to the State Bar's Executive Director at director@wvbar.org or 2000 Deitrick Blvd., Charleston, WV 25311. |
| If a lawyer takes your money | The West Virginia State Bar's Lawyers Fund for Client Protection reimburses losses caused by dishonest conduct (theft, embezzlement, wrongful conversion, refusing to refund unearned advance fees, or borrowing from a client without intent to repay) of West Virginia lawyers within a lawyer-client or fiduciary relationship. Losses of the lawyer's family, partners, associates or employees, losses covered by bonds or insurance, and government losses are excluded. Under the Fund's rules, awards are capped at $20,000 per claim and $40,000 per attorney per year (subject to change by the Board of Governors), excluding interest and incidental expenses. File within two years after you knew or should have known of the dishonest conduct and the loss, using the Fund's application form; questions 304-553-7220. Program page: https://wvbar.org/public-information/lawyers-fund-for-client-protection/ |
West Virginia rules to know first
| Requirements for a valid will | Any person 18 or older who is of sound mind may make a will. The will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's direction) in a way that shows the name is meant as a signature. Unless the will is entirely in the testator's handwriting, the testator must sign or acknowledge the will in the presence of at least two competent witnesses present at the same time, and the witnesses must sign in the presence of the testator and of each other. No particular attestation wording is required. Source: W. Va. Code § 41-1-2; § 41-1-3 |
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| Small estate affidavit | A successor of a decedent who died domiciled in West Virginia may use a small estate affidavit if the decedent's probate personal property is worth no more than $50,000 in total and the decedent owned no probate real estate (or interest in probate real estate). The affidavit, sworn before a notary, is filed for recording with the clerk of the county commission (or fiduciary supervisor) in the county of probate jurisdiction. A successor named as executor in the will may file once 30 days have passed since death; any other successor must wait 60 days. No bond or oath is required. The clerk mails copies to the named executor and the beneficiaries or heirs and issues a certificate and authorization that lets the successor collect and distribute the assets for six months (extendable once for up to six months for good cause). Interested persons have 30 days after mailing to file a written objection. Separately, after 120 days from death, holders of up to $5,000 in wages, accounts or other assets (and the Treasurer, for unclaimed property of $5,000 or less) may pay the surviving spouse or, if none, the heirs on an affidavit when no personal representative has qualified. The 2025 amendment (House Bill 2867, effective July 9, 2025) bars use of the small estate affidavit when the decedent owned any probate real property. The statute includes a sample affidavit form. |
| How probate works | 1) Present the will for probate and qualify as personal representative before the clerk of the county commission (an administrator is appointed if there is no will, with the surviving spouse preferred, then other distributees). 2) Take the oath and give bond unless excused. 3) Within 90 days after qualifying, file the appraisement of the decedent's real estate and probate personal property on the Tax Commissioner's form, together with the notarized nonprobate inventory form. 4) The clerk publishes a notice of administration once a week for two successive weeks; the personal representative mails a copy within 60 days after first publication to the spouse, beneficiaries or heirs, any trustee of the decedent's trust, and reasonably ascertainable creditors. 5) Claims are filed and, if needed, the estate is referred to a fiduciary commissioner to determine claims and shares. 6) Close by a waiver of final settlement, a report and affidavit of payment, or a settlement confirmed by the county commission. |
Find and check a lawyer
| Lawyer referral service | The West Virginia State Bar Lawyer Referral Service is a public service that helps you find a qualified, local lawyer experienced with your type of legal issue. Contact the attorney and mention the referral service; the attorney may agree to an initial consultation for no more than $25 for the first 30 minutes, and you are under no obligation to hire the lawyer. Phone: (304) 553-7220. |
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| Check that the lawyer is licensed | The West Virginia State Bar publishes a Membership Directory Search and a PDF directory of its members on its Public Programs page. State Bar phone: 304-553-7220 (toll free 866-989-8227). Membership Directory Search: https://www.mywvbar.org/membership-search-members |
| Check discipline history or file a complaint | The Office of Lawyer Disciplinary Counsel (ODC) investigates and prosecutes violations of the West Virginia Rules of Professional Conduct. Download the Complaint Packet and Complaint Form from the ODC website and mail or deliver the complaint to the Office of Lawyer Disciplinary Counsel, West Virginia Judicial Tower, 4700 MacCorkle Avenue SE, Suite 1200, Charleston, WV 25304; phone (304) 558-7999, fax (304) 558-4015 (9 a.m.-5 p.m. weekdays). The ODC publishes disciplinary decisions on its website. Disciplinary decisions: https://wvodc.org/disciplinary-decisions-page |
Free legal help
| Free legal aid | Legal Aid of West Virginia provides free civil legal services (clients are not charged, though some court filing fees may apply). Apply online or by phone at 866-255-4370 (Monday, Wednesday, Thursday and Friday 8:30 am-3:30 pm; Tuesday 8:30 am-12:30 pm); interpreters are available. LSC lists Legal Aid of West Virginia as its West Virginia grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in West Virginia · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.