Overview
Boone County is located in West Virginia with a population of approximately 21,000. The Boone County Commission (via the County Clerk's Office) handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
West Virginia probate is governed by West Virginia Code Chapter 44. The process begins with filing a Petition for Probate to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
West Virginia offers a simplified Small Estate Affidavit procedure for estates where personal property is valued at $50,000 or less and real estate is valued at $100,000 or less.
The state has a fiduciary commissioner system for larger or contested estates, though many are handled directly by the County Clerk.
This guide provides an informational overview of the Boone County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Boone County Courthouse
Probate matters in Boone County are handled at the Boone County Courthouse.
Address: 200 State Street, Madison, WV 25130
Phone: (304) 369-7336 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The County Clerk's office is located on the first floor of the courthouse. This office accepts probate filings, records wills, and manages estate documentation.
Parking and Access
Street parking is available around the courthouse square in Madison. There are also public parking lots nearby. Visitors should be prepared for security screening upon entering the courthouse building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property is valued at $50,000 or less and real estate at $100,000 or less, you may qualify for a simplified affidavit process.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the survivor.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Boone County Clerk. Include:
- Original Will (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries with addresses
- Estimated value of the estate (Appraisement Form ET 6.01)
- Filing fee (approximately $56.00 to open)
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Boone County (e.g., Coal Valley News). The Clerk's office typically facilitates this publication.
Step 4: Attend the Hearing
The Clerk will review the petition. If the will is self-proved and documents are in order, the Clerk may admit the will to probate and appoint the personal representative without a formal hearing before a judge, unless the will is contested.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (Creditors typically have 60 days from first publication to file claims).
- Inventory and appraise all estate assets (Form ET 6.01 and ET 6.02) within 90 days.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Settlement with the County Clerk to close the estate.
Local Requirements
Boone County-Specific Procedures
- Appointment: It is recommended to call the County Clerk's office at (304) 369-7336 to schedule an appointment for opening an estate.
- Bond: A surety bond is generally required for administrators (intestate) and executors (unless waived in the will). The minimum bond is often $100 or more depending on asset value.
- Fiduciary Commissioner: For complex or contested estates, the County Commission may refer the matter to a Fiduciary Commissioner for oversight.
- Publication: Notice is typically published in the Coal Valley News.
West Virginia requires the filing of an Appraisement of the Estate (Form ET 6.01) and a Nonprobate Inventory (Form ET 6.02) with the County Clerk.
Timeline & Fees
Filing Fees (Boone County)
- Opening an Estate: approximately $56.00
- Recording Settlement: approximately $11.00
- Certified copies: approximately $1.50 for first 2 pages, $1.00 for each additional page
- Publication costs: Varies by newspaper (approx. $50-$100)
- Bond: Varies based on estate value (minimum ~$100)
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee; verify with the Clerk's office.
Estimated Timelines
- Simple estates: 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period is 60 days from the date of first publication. The estate generally cannot be closed until this period expires and all claims are resolved.
Local Resources
Boone County Court Resources
- County Clerk Website: boonecountyclerkwv.com
- WV Judiciary Probate Forms: courtswv.gov
- Legal Aid of WV: legalaidwv.org
Legal Aid and Attorney Referrals
- West Virginia State Bar: (304) 553-7220 — Lawyer Referral Service
- Legal Aid of West Virginia: (304) 343-4481 — Civil legal services for low-income residents
Publication
- Coal Valley News: (304) 369-1165 — Legal advertisements