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West Virginia Inheritance Law & Probate Procedure

West Virginia PROBATE COURT FINDER:
- Probate Court for Lincoln County: Key information about your local probate court (Circuit Court in West Virginia) for Lincoln County.
How Probate Works in West Virginia: How to handle the probate of an inheritance at Lincoln County's probate court.
- Here are links to:
  - West Virginia Probate Forms and the
  - West Virginia State Probate Court Website.
Small Estates Procedures in West Virginia: Learn how to use West Virginia's Small Estate procedures that can save you time and money.
- In West Virginia there's no Affidavit procedure. You can use summary probate procedure if the value of the real estate is $100,000 or less, or $50,000 or less for personal property; or if the personal representative is the sole beneficiary of the estate; or if the surviving spouse is the sole beneficiary of the estate; or if all beneficiaries state that no disputes are likely; there are enough assets to pay debts and taxes and the executor agrees.
  
  W. Va. Code 44-3A-5.
West Virginia Estate Taxes:
- West Virginia, like most states, does not impose an estate or inheritance tax. Only a few states do.
Avoiding Probate in West Virginia. Find out what property bypasses probate death and goes directly to beneficiaries. such as:
- Transfer on Death Deeds (TODDs)

Bankruptcy & Debt

MEANS TEST CALCULATOR
- for Lincoln County, West Virginia (applies the state and county income and expense standards into your means test calculation. Updated with the latest median income and expense standards for May 15, 2024)
West Virginia BANKRUPTCY EXEMPTION FINDER: Search detailed listings of bankruptcy exemptions under West Virginia law and Federal law, for use in filing out Schedule C, when you file for bankruptcy.
- Federal Exemptions available in West Virginia?:
  - Yes, as of July 1. 2021. W. Va. Code § 38-10-4.
- West Virginia Homestead Exemption
  - Real or personal property used as residence to $35,000; unused portion of homestead may be applied to any property (husband & wife may double)
- West Virginia Vehicle Exemption
  - Motor vehicle to $7,500 per debtor
West Virginia BANKRUPTCY COURT ESSENTIAL INFO: Get information about using your local bankruptcy court.
FREE BANKRUPTCY FORMS:
We'll tell you which bankruptcy forms you need and where to find them.

West Virginia Unemployment Benefits

Benefit Amounts in West Virginia: Learn how unemployment works, how much you'll get, and for how long.
- Minimum:
  - $24 per week
- Maximum:
  - $630 per week
- Duration:
  - In West Virginia, you can receive unemployment benefits for a maximum of 26 weeks under state law.
Eligibility: >Whether you qualify for unemployment.
How to Apply: How to apply for unemployment in West Virginia.
- WorkForce West Virginia
  - 304-558-3309
Unemployment Office Near Me? How to find your local unemployment office.
COVID-19 Benefits: We tracked the rise and fall of COVID-19 unemployment benefit payments.
West Virginia Wage & Hour Law
- West Virginia Minimum Wage:
  - The minimum wage in West Virgina is $8.75 an hour. Because this is higher than the federal minimum wage of $7.25, employees in The Mountaineer State must be paid at least $8.75 an hour.
- Overtime Pay: Every state has rules about weekly maximum hours and overtime. Learn about the overtime laws in West Virginia and whether they apply to you.
- Wage Claims: If you're being unlawfully underpaid, you need to learn how to file a "Wage Claim" in West Virginia.
- Tips : Every state has special pay rates for tipped workers. Find out the rules for tipped workers in West Virginia.
  - In West Virginia, your employer may pay you a minimum wage of $2.63 an hour, as long as you earn enough in tips to bring your total hourly pay up to the full minimum wage, $8.75 an hour. If you don’t earn enough in tips to bring your compensation to the full minimum wage, your employer must make up the difference.