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Executor Compensation Laws in West Virginia

In West Virginia, the fiduciary commissioner allows reasonable compensation in the form of a commission on receipts or otherwise, with no statutory percentage schedule.

Last checked . General information, not legal advice.

West Virginia at a glance

Compensation method
Reasonable compensation (commission on receipts or otherwise)
Set by the fiduciary commissioner when stating and settling the account.
Statutory fee schedule
None (no percentage in statute)
Percentage schedule in statute
No

Sources

Last checked

The rules in West Virginia

How is an executor paid in West Virginia?

Compensation method in West Virginia: Reasonable compensation (commission on receipts or otherwise). Set by the fiduciary commissioner when stating and settling the account.

What percentage can an executor charge in West Virginia?

Statutory fee schedule in West Virginia: None (no percentage in statute).

Does West Virginia law set executor fees by a percentage schedule?

No. Percentage schedule in statute in West Virginia: no.

Where do the West Virginia executor compensation laws come from?

The rules above come from W. Va. Code 44-4-12. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A will can usually address executor pay directly, for example by setting a flat fee, a percentage, or stating that the executor serves without pay. Where the will is silent, the state's default rule applies. An executor can also choose to waive compensation, which some family members do because fees are generally taxable income while inheritances generally are not.

Executor compensation is separate from reimbursement of expenses and from fees paid to the estate's attorney, accountant, or other professionals. Keeping a written log of hours, tasks, and costs helps support a fee request and answers questions from heirs or the court.

Heirs and beneficiaries who believe a fee is too high can usually object in the probate proceeding, and courts can reduce, deny, or increase compensation in some circumstances. Rules on timing, court approval, and extraordinary services differ, so the statute for the state where the estate is probated is the starting point.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.