West Virginia estates go through the county commission
West Virginia doesn't have a separate probate court. Estates are opened through the county commission, with the county clerk handling filings, and some estates are referred to a fiduciary commissioner. For homes in Kanawha County, start with the county clerk in Charleston; for Putnam County, the clerk in Winfield.
Who has authority to sell
The commission appoints a personal representative. Whether that person can sell the house alone, or whether the heirs must also sign, depends on the will, how the house was titled and state law. A West Virginia estate attorney or title company can confirm before you sign a contract.
What to gather before selling
- The death certificate and the will, if there is one.
- The personal representative's appointment papers.
- The deed and recent property tax tickets.
- Mortgage or home equity statements, if any.
- Names and contact details for all heirs.
Selling the estate house as-is
Empty estate houses still need insurance, utilities and regular checks, and hillside and river-valley homes around Charleston, Sissonville and Winfield can develop drainage or moisture problems when no one is watching. An as-is buyer can take the house with repairs and belongings. Expect the price to reflect that, and compare it with listing if the house is in good shape. Read our guide to selling a House During Probate for how this works across all three states.
For a broader explainer that covers Alabama, West Virginia and Pennsylvania, read selling a House During Probate.
Selling in another state? See the Alabama and Pennsylvania versions of this page.
General information, not legal, tax or financial advice. Laws and procedures change, so check with a licensed attorney, tax professional or HUD-approved housing counselor about your situation. UglyDuck is a home-buying and lead-generation service: we may buy your house ourselves or share your request with a trusted local buyer.