Estate Planning in West Virginia Using Trusts: A Complete Guide
Estate Planning in West Virginia Using Trusts: A Complete Guide
Why Trusts Matter in West Virginia
Estate planning is more than drafting a will. For many West Virginians, setting up a trust ensures smoother asset transfer, avoids costly probate, and protects loved ones.
Whether you live in Morgantown, Charleston, Wheeling, or the Eastern Panhandle, the probate process can feel overwhelming. A properly funded trust often reduces or eliminates the need for probate, saving time, money, and stress for your family.
- Avoiding probate court in counties like Kanawha, Monongalia, and Berkeley
- Keeping family financial matters private
- Protecting children and grandchildren from mismanaging assets
- Shielding inheritances from creditors or divorce claims
- Preserving Medicaid or disability benefits through special needs trusts
Common Types of Trusts in West Virginia
Every family’s situation is unique, but these are the most common trusts used across the state:
- Revocable Living Trusts – Flexible, avoid probate, and let you manage assets during life.
- Irrevocable Trusts – Protect assets from creditors, lawsuits, or Medicaid recovery.
- Special Needs Trusts – Safeguard benefits while providing extra support for disabled loved ones.
- Testamentary Trusts – Built into a will, effective only after death.
- Charitable Trusts – Provide for a cause you care about while maximizing tax advantages.
How to Set Up a Living Trust in West Virginia
- Choosing your trust type (revocable vs. irrevocable).
- Listing assets such as real estate in Monongalia County or Kanawha County, bank accounts, and investments.
- Selecting a trustee to manage your trust now and in the future.
- Drafting the trust document in compliance with West Virginia’s Uniform Trust Code (WV Code Chapter 44D).
- Executing and funding the trust — retitling deeds, accounts, and other property.
- Reviewing and updating as your life changes (marriage, divorce, new children, etc.).
Pro Tip: Always include a “pour-over will” to ensure that any assets not placed into your trust will still be transferred properly.
West Virginia Probate vs. Trust Administration
West Virginia probate courts require filing an estate inventory, notifying creditors, and meeting strict deadlines. In counties like Harrison and Berkeley, probate can take months — sometimes years.
Trust administration, by contrast, generally occurs outside of court, which:
- Keeps your estate private
- Reduces disputes among heirs
- Speeds up the distribution process
When a Trust May Not Be Necessary
Trusts are powerful, but not everyone needs one. If your estate is small and qualifies for West Virginia’s simplified probate procedures, a carefully drafted will might suffice.
That’s why it’s important to sit down with an experienced estate planning attorney to weigh costs versus benefits.
Avoiding Common Trust Mistakes
- Not funding the trust with property titles or bank accounts
- Choosing a trustee who isn’t trustworthy or financially skilled
- Using boilerplate “DIY” forms not compliant with WV law
- Forgetting to update your trust after life events
- Leaving assets with inconsistent beneficiary designations
Why Work with a West Virginia Estate Planning Lawyer
Every county in West Virginia has its own quirks in probate and trust law. For example, Kanawha County may require different documentation than Berkeley County. An attorney who understands these local differences can:
- Draft a trust tailored to your family and assets
- Ensure compliance with West Virginia Code Chapter 44D
- Handle trust administration and potential disputes
- Protect your heirs from unnecessary costs or litigation
Take the Next Step
If you’re ready to protect your family and secure your legacy, it’s time to explore whether a trust fits into your estate plan.
At The Skeen Firm, we guide clients across West Virginia through every step of the estate planning process. Whether you live in Morgantown, Charleston, Wheeling, or beyond, we’re here to help you plan wisely.
📞 Schedule a Discovery Call Today to learn how trusts can provide peace of mind for you and your loved ones.
Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. Always consult with an attorney licensed in your state before making estate planning decisions.