At Jarvis Law Office, P.C., we help West Virginia families with estate planning matters. Since May 2003, our team of 35 or more professionals has built trust-based plans that pass property directly to the people you choose, without a courthouse file or a years-long wait.
We work on a one-time flat fee, so you know the cost before you commit, and we hold appointments by phone or video when driving to an office is not realistic.
Estate planning means deciding now who gets what, who makes decisions if you cannot, and how your family avoids court later. A will still goes through probate. A trust holds your land and accounts so your family receives them directly.
We help move the land, the mineral interests, and the accounts into the trust, so the plan actually works when your family needs it.
What Clients Say About Jarvis Law Office
“My husband and I just got our planning in place and it was a very informative and painless process.” Courtney P.
Getting a plan finished should feel like relief, not a fight.
“He took the time to explain every detail clearly, which made a complicated situation much easier to understand.” Luke B.
Land, mineral rights, and family arrangements get explained in plain words before anything is signed.
“He’s had over 20 years experience… makes me feel better about choosing his firm.” MaryEllen Gainer
The firm has been doing this work since 2003, with a team of more than 35 professionals behind every plan.
“From intake to years down the road when you need to just refresh your memory on how things work.” Courtney P.
Support does not end at signing. Plans need to hold up for decades.
“Everyone in the office is a pleasure to work with, and I never hesitate to call or send an email.” Laura P.
Calling with a question about a royalty check or a deed never feels like an imposition.
Do I Need a Will or a Living Trust in West Virginia?
A will controls how probate assets are distributed after death and can also name an executor and address issues such as guardianship for minor children. West Virginia law allows a person to dispose of property through a valid will.
A living trust is created during your lifetime and holds property for designated beneficiaries under the management of a trustee. When assets are properly transferred into the trust, they can generally be administered according to the trust terms rather than through the probate process.
West Virginia recognizes trusts created through lifetime transfers, declarations of trust, wills, and certain other methods.
Many estate plans use both. A living trust can hold major assets, while a pour-over will can direct remaining property into the trust at death. West Virginia law specifically permits wills to leave property to an existing or qualifying trust.
The right approach depends on the assets you own, how they are titled, your beneficiaries, and how much control you want over the administration of your estate.
Why Clients Come to Jarvis Law Office in West Virginia
We actually move your property into the trust
Most firms draft the documents and hand them over. Our team does the retitling work so you are not left with an empty trust and unfunded paperwork.
One-time flat fee, no monthly charges
You get a set price up front. No recurring insurance-style fees, no monthly charges, no billing meter running while you ask questions.
Clear education, not legal lectures
You receive written instructions and tools so you understand what you signed and how to manage it. If you cannot explain your own plan to your kids, we have not finished the job.
20+ years and a 35+ person team
Jarvis Law Office has focused on probate avoidance and estate planning since May 2003, with more than 35 professionals supporting clients. According to the U.S. Census Bureau’s 2022 American Community Survey, West Virginia’s median age of roughly 43.5 years ranks among the highest in the nation, which is why so many families here are putting plans in place.
We work with the advisors you already trust
Your banker, accountant, or financial advisor stays in place. We coordinate with them rather than replacing relationships you have built over decades.
Estate Planning Services in West Virginia
- Estate Planning
- Trust & Will Lawyer
- Powers of Attorney
- Probate
- Elder Law
- Medicaid Planning
- Asset Protection
- Estate Tax Planning
WE WILL SPEAK FOR YOUR RIGHTS
Contact us for a free, no obligation consultation to discuss your options. You may find that you are entitled to payment if your claim was denied or underpaid. Let Jarvis Law Office be your advocate
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What Happens If You Die Without a Will in West Virginia?
If you die without a valid will in West Virginia, you are considered to have died intestate. Instead of following your own instructions for distributing your estate, West Virginia’s intestate succession laws determine who inherits your probate property.
Who receives the estate depends on which family members survive you. In some cases, a surviving spouse may inherit the entire intestate estate, such as when there are no surviving descendants or when all surviving descendants are also descendants of that spouse and the spouse has no other surviving descendants.
Dying without a will also means you do not get to name the person who will administer your estate. A West Virginia county commission or clerk can appoint an administrator, with preference generally given first to a surviving spouse and then to other people entitled to inherit.
About Jarvis Law Office in West Virginia
Jarvis Law Office, P.C. opened in May 2003 and has spent more than 20 years helping West Virginia families keep their land, homes, and savings out of probate court.
The focus is narrow on purpose: probate avoidance and trust-based planning. Team members do the hands-on work of moving your property and accounts into the trust, because a trust that was never funded protects nothing.
According to Caring.com’s 2023 Wills and Estate Planning Study, only 34% of American adults have a will or living trust. The firm’s answer to that is education first: plain explanations, clear instructions, and a plan you can actually understand and manage.
Fees are one-time and flat, with no recurring monthly charges. If you already work with a financial advisor, that relationship stays intact.
How We Work in West Virginia
1. Free first conversation
We sit down with you, in person or by video, and go through your family, your land, your mineral rights, and what you want to happen. No meter running, and you leave knowing what your plan would cost before you commit.
2. Plan design
We recommend the documents that actually fit your situation: a revocable living trust, a will, powers of attorney, and healthcare directives. If you own surface land in one county and a fractional mineral interest recorded in another, we tell you plainly how each one passes and what it takes to keep it out of probate court.
3. Drafting and review
We prepare the documents, then walk you through each one and explain in plain words what it does. You should be able to describe your own plan to your kids when we are done.
4. Signing
We coordinate the signing, witnessing, and notarizing so the documents hold up under West Virginia requirements. Remote and traveling arrangements are available, so distance is not a reason to put this off.
5. Asset funding
This is the step most firms skip. Our team helps prepare and record new deeds, retitle accounts, and handle the assignment paperwork that moves mineral interests into your trust, because an unfunded trust protects nothing.
6. Ongoing support
Families change, land changes hands, royalty checks start or stop. We stay available for updates under a one-time flat fee, with no monthly charges and no insurance products attached.
Frequently Asked Questions About Estate Planning in West Virginia
I own land in West Virginia and my family has mineral rights that go back three generations. Do I need a will or a trust?
For land and mineral rights, a trust almost always does more for your family than a will alone. A will still has to go through probate court, and that can take a year or longer.
How long does probate actually take in West Virginia, and what does it cost?
Most West Virginia estates take nine months to two years to settle through the county clerk and fiduciary supervisor in the county where you lived. Costs include filing fees, publication notices, appraisals, and attorney fees.
What happens to my mineral rights if I die without any plan?
Your mineral rights, meaning the right to the oil, gas, or coal under your land, pass under West Virginia’s intestacy rules, which simply means state law decides who gets what. Those interests get split into smaller and smaller fractional shares with each generation, which is how families end up with dozens of co-owners who cannot agree on a lease.
My father has no power of attorney and his memory is slipping. What happens if he has a stroke tomorrow?
Without a power of attorney, a document that lets someone you trust make financial or medical decisions when you cannot, your family may have to ask a West Virginia circuit court to appoint a guardian or conservator. That process is public, costs money, and takes time you may not have.
Does West Virginia have a state estate tax I should worry about?
No. West Virginia has no state estate tax and no inheritance tax, and the federal estate tax only applies to very large estates.
Could a nursing home take the farm/home?
The land is at risk if long term care is paid out of pocket or if Medicaid seeks recovery from your estate after death. West Virginia Medicaid reviews financial transfers made in the five years before you apply, so planning ahead of a health crisis matters.
How much does this cost, and will the bill keep growing?
Plans are quoted as a one time flat fee, so you know the full number before any work starts.
When should I update a plan I already have?
Update after a death, a divorce, a marriage, a new grandchild, a land purchase or sale, or any change in your mineral interests such as a new lease or a royalty assignment.
Local Resources in West Virginia for Estate Planning
- West Virginia Supreme Court of Appeals
The highest court in the state, handling appellate matters including will contests and trust disputes.
- West Virginia Secretary of State
Oversees business entity registrations and maintains records relevant to trusts and power of attorney filings.
- West Virginia State Tax Department
Administers state tax obligations that may arise during asset transfers and estate settlement.
- West Virginia Department of Health and Human Resources
Administers Medicaid and other benefit programs relevant to long-term care planning and asset protection.
- West Virginia Public Employees Retirement System
Manages retirement benefits for state workers, including beneficiary designations and survivor benefits.
- West Virginia Land Title Association
Supports title searches and property record verification critical to transferring real estate within an estate.
- West Virginia Division of Rehabilitation Services
Provides services for individuals with disabilities, relevant to special needs trust planning.
Start Your West Virginia Estate Plan
Start with a conversation. Ask your first question, get a straight answer about what your surface land and mineral rights actually need, and hear the flat fee before you commit to anything. No meter running.
Our team does not stop at drafting documents. We retitle the land and work through the assignment process for mineral interests, so the trust actually holds what it is supposed to hold. That is the step most plans skip, and it is the step that keeps your family out of probate court.
Call us or send a message through the contact form. Virtual appointments are available, so no long drive is required to get started.
