West Virginia Appraisement of Estate (Form ET 6.01): How to File It

You have just been appointed as executor of a West Virginia estate. You have qualified before the county clerk, received your Letters of Administration, and opened an estate bank account. Now the county clerk hands you a stack of forms and tells you the ET 6.01 is due in 90 days. What is it, what goes on it, and what happens if you miss the deadline?

This is the most consequential administrative filing in West Virginia probate administration—and the one executors are least prepared for.

What the ET 6.01 Is

Form ET 6.01 is the "Appraisement of the Estate"—West Virginia's official inventory of all probate assets. It is filed with the county's Fiduciary Supervisor and becomes part of the public court record for the estate.

Despite the absence of a functional West Virginia state estate tax, the form still serves critical purposes:

1. Lien clearance. The historical estate tax framework left statutory liens on real property. Before real estate can be transferred or sold with clean title, these potential liens must be formally reviewed and released. The ET 6.01 initiates this process with the West Virginia State Tax Department and the county clerk.

2. County probate fee calculation. West Virginia county commissions assess probate supervision fees based on the total value of probate assets. Those fees are calculated from the ET 6.01 values.

3. Basis documentation. The values declared on the ET 6.01 become the official record of asset values at the date of death. These values inform the stepped-up basis calculations that beneficiaries will rely on for capital gains purposes if they later sell inherited assets.

4. Part 1 of the ET 6.01 directly asks whether a federal Form 706 estate tax return is being filed. This links the state and federal records and ensures compliance is documented in one place.

The 90-Day Deadline

The ET 6.01 must be filed within 90 days of the personal representative's qualification before the county clerk or Fiduciary Supervisor. This is a firm statutory deadline.

The consequences of missing it are significant:

• The estate can be referred to a Fiduciary Commissioner—a local attorney appointed to oversee the estate—at substantially greater cost and delay
• The executor may face financial penalties or formal disciplinary action
• Real estate cannot be transferred or sold until the lien clearance process is complete
• Asset distributions to beneficiaries cannot be made
• The executor may face personal liability for the delay

This deadline catches many executors off guard because the first weeks after a death are consumed by funeral arrangements, death certificates, and notifying accounts. By the time the executor focuses on probate administration, weeks may have already passed. Starting the appraisement process as soon as you are formally qualified—not after completing other tasks—is the right approach.

What Goes on the ET 6.01 (Probate Assets)

The ET 6.01 covers probate assets—property that the deceased person owned individually in their name alone, with no joint owner and no beneficiary designation, that passes under the will or intestate succession laws.

Common probate assets include:

• Real estate owned solely in the decedent's name (houses, land, farms, vacant lots, mineral rights)
• Bank accounts in the decedent's name alone (checking accounts, savings accounts, CDs)
• Vehicles titled solely to the decedent
• Investment accounts without a beneficiary designation or TOD (transfer on death) designation
• Cash, jewelry, furniture, and personal property owned by the decedent
• Business interests owned by the decedent (partnership shares, LLC interests, sole proprietorship assets)
• Any other assets for which the decedent is the sole owner with no automatic-transfer mechanism

Each asset must be listed with a specific fair market value as of the date of death. "Fair market value" means the price a willing buyer would pay a willing seller, with both having reasonable knowledge of the facts and neither being under compulsion to buy or sell.

What Goes on the ET 6.02 (Nonprobate Inventory)

Companion form ET 6.02—the "Nonprobate Inventory"—is filed at the same time as the ET 6.01 and covers assets that do not go through probate because they transfer automatically by operation of law.

Common nonprobate assets include:

• Jointly held property with right of survivorship (real estate titled as "joint tenants with right of survivorship," joint bank accounts)
• Life insurance policies with named beneficiaries
• IRAs and retirement accounts with named beneficiaries
• Accounts with POD (payable on death) or TOD (transfer on death) designations
• Assets in a revocable living trust

These assets are not subject to probate, do not go through the creditor claim period, and do not need the executor's involvement to transfer. But they still need to be disclosed on the ET 6.02 because the county needs a full picture of the decedent's wealth.

One critical distinction many executors miss: these nonprobate assets are not protected from Medicaid estate recovery under West Virginia law if a lien exists. TOD deeds and POD accounts bypass probate but do not bypass Medicaid liens. The DHHR's claim can reach these assets even though they are technically nonprobate.

How to Value the Assets

For straightforward assets, valuation is simple. Bank accounts are valued at the exact balance on the date of death. Vehicles use fair market value as of the date of death—Kelley Blue Book or a comparable source works for typical consumer vehicles. Life insurance is the face value of the death benefit if applicable (for the nonprobate form).

For more complex assets, valuation requires professional input:

Real estate. A licensed real estate appraiser should provide a formal written appraisal of the property's fair market value as of the date of death. A county tax assessment is not the same thing—tax assessments are typically set at 60% of fair market value under West Virginia law and will significantly understate the actual value. Using the tax assessment as the ET 6.01 value creates an understated stepped-up basis that will hurt beneficiaries if they sell the property later.

Severed mineral rights. These are particularly complex. The West Virginia State Tax Division uses a yield capitalization model that calculates value based on gross royalty receipts with a two-year valuation delay. A CPA or professional mineral rights appraiser familiar with West Virginia's specific methodology is generally required. Mineral rights in active producing fields may have substantial value that is not obvious from casual inspection of the leases.

Business interests. Valuing a closely held business typically requires a formal business valuation, especially if the business will continue to operate during estate administration or if multiple parties own interests.

Investment accounts. Publicly traded securities are valued at the mean between the high and low prices on the date of death (not the closing price), based on the IRS-approved methodology for estate valuation. Most brokerage firms will provide a date-of-death valuation statement on request.

Filing the Form

Completed ET 6.01 and ET 6.02 forms are filed with the Fiduciary Supervisor at the county courthouse in the county where the decedent resided. The forms are signed under oath by the personal representative. County-specific procedures vary—some counties have their own checklists or require additional documentation—so calling the Fiduciary Supervisor's office early to confirm what they need is worthwhile.

There is typically a filing fee based on the value of the estate. The county will assess its probate supervision fees at this point.

After the Filing

Once the ET 6.01 is accepted, the Fiduciary Supervisor publishes a Notice of Administration in a local newspaper. This starts the 60-day creditor claim period—the window during which creditors (including the Medicaid DHHR if applicable) must file their claims against the estate. No asset distributions can happen until this period closes and all valid claims are resolved.

After the creditor period, with all claims resolved and all tax filings completed, the executor can proceed to a Final Settlement. For simple estates where all beneficiaries agree, this can be done as a Short Form Settlement with signed waivers from each beneficiary. The county commission then issues a closing order discharging the executor.

The Hidden Cost of Getting the Valuations Wrong

Understating values on the ET 6.01 saves nothing—the county fees are modest—but it creates real problems. Low real estate values establish low stepped-up bases for heirs who sell later. Low mineral rights values create the same problem with future royalty income calculations.

Overstating values technically creates larger county fees and, in the rare high-net-worth estate, could affect federal estate tax calculations. For most West Virginia estates, accurate valuation based on proper appraisals is the right approach.

The West Virginia Final Tax & Estate Tax Guide provides detailed guidance on how to complete the ET 6.01 and ET 6.02, how to obtain the right professional appraisals for real estate and mineral rights, and how to coordinate the appraisement deadline with all the other obligations that follow it. If you are facing this 90-day window and are not sure where to start, having a clear sequence of required steps is what makes the difference between staying on track and triggering the cascade of penalties that comes from missing this critical filing.

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