West Virginia Probate Court
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Table of Contents
Probate in West Virginia involves all processes through which a deceased person’s assets are administered and distributed to their rightful heirs or beneficiaries. The State of West Virginia handles all probate matters through the probate division of each county clerk’s office.
How the Probate Process Works in West Virginia
The probate process, in West Virginia, starts when an interested party or a beneficiary files a will and petition with the county clerk’s office where the decedent lived. The will and petition allow the court to appoint an executor or administrator (in the absence of a will). A summary of the major steps taken in the West Virginia probate process includes:
- An interested party files a petition and a will (if present) with the county clerk’s office.
- The county clerk issues a notification to all parties involved in the probate case.
- The court appoints an executor or administrator to oversee the probate process.
- The executor or administrator takes inventory of the decedent’s assets.
- An executor or administrator uses the estate’s assets to pay all debts and taxes.
- Finally, the executor distributes the remaining assets to heirs or beneficiaries.
In West Virginia, the probate process generally spans six months to one year, depending on the complexity of the estate or probate issue.
What Are the Costs of Probate in West Virginia?
The probate costs in West Virginia vary across the counties and the size of the estate. The fees usually include:
- Filing Fees: This fee varies across the counties, and individuals must contact the Clerk of the Circuit Court to inquire about the probate filing fees.
- Executor/Administrator fees: If the executor fee is not specified in the will, the cost is calculated as a percentage of the estate’s value.
- AttorneyFees: The fee may depend on the complexity of the case or the size of the estate.
- Other costs: Other expenses, such as bond costs, fees for publication or notices, appraisal fees, and accounting expenses.
Types of Probate Cases in West Virginia
In West Virginia, there are several types of probate cases, including THE FOLLOWING:
- Testate Probate: In this case, there is a presence of a valid will that guides the probate process.
- Intestate Probate: When a deceased person leaves no will, their assets are distributed according to the state’s succession law.
- Small Estate Administration: This is a simple procedure for estates valued under $100,000.
- Full Probate: This applies to large estates with values higher than $100,000.
- Ancillary Probate: A type of probate that occurs when a resident of West Virginia dies and they have assets located in another state.
West Virginia Probate Court Forms and Filing Instructions
Interested parties can obtain forms from the appropriate county clerk’s office in the county where the decedent resided at the time of death. Some county clerk offices, located in Marshall County and Putnam County, provide online probate forms and instructions to the public.
How West Virginia Probate Courts Work at the County Level
In West Virginia, the county clerk is responsible for managing probate matters at the county, so individuals should contact the appropriate county clerk for accurate information. Below are the 10 most populous counties in the state where probate courts handle a lot of probate cases:
- Kanawha County (Charleston): This county handles the largest probate caseload.
- Berkeley County (Martinsburg): The clerk's office offers information on their website for probate-related matters.
- Monongalia County (Morgantown): Here, families with small estates typically benefit from simpler procedures.
- Cabell County (Huntington): Their probate services are integrated with the County Commission office.
- Wood County (Parkersburg): The clerk's office manages probate matters and guides families through the process.
- Raleigh County (Beckley): The public may contact the clerk’s office by phone or email.
- Harrison County (Clarksburg): Here, probate forms are available on their website.
- Mercer County (Princeton): Interested parties should visit the clerk’s office for information on probate matters.
- Marion County (Fairmont): Interested parties should contact the clerk’s office for probate-related matters.
- Putnam County (Winfield): The county provides online access to probate forms for interested parties.
How to Search Probate Records in West Virginia
Anyone interested in obtaining copies of probate records in West Virginia may:
- Visit the county clerk’s office.
- Search online for probate records on some counties' websites, like Kanawha and Berkeley Counties.
- Login to the West Virginia Public Access Search System Portal or visit the Circuit Court clerk’s office.