Overview
Cabell County is located in West Virginia with a population of approximately 91,500. The Cabell County Commission (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" process for estates where the personal property is valued at $50,000 or less, or real estate is valued at $100,000 or less (total probate assets under $100,000). This involves filing a Small Estate Affidavit rather than full administration.
West Virginia has a commission-based fee structure for executors/administrators, typically ranging from 1.5% to 5% of the estate value, subject to court approval.
This guide provides an informational overview of the Cabell 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
Cabell County Courthouse
Probate matters in Cabell County are handled at the Cabell County Courthouse.
Address: 750 5th Avenue, Suite 108, Huntington, WV 25701
Phone: (304) 526-8627 (Probate Department)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Department is located within the County Clerk's office, typically in Suite 108.
Parking and Access
Metered street parking is available around the courthouse. There are also public parking garages nearby, such as on 5th Avenue between 9th and 10th Streets. Handicap accessibility is available on the 7th Street side of the building with ramps leading to the basement level.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If personal property is $50,000 or less (and real estate is $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 Cabell County Clerk. Include:
- Original Will (if applicable)
- Certified death certificate
- List of heirs and beneficiaries with addresses
- Filing fee (approx. $37.00 for appointment)
- Fiduciary Bond (unless waived in the will)
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and beneficiaries.
- Publish notice to creditors in a newspaper of general circulation (e.g., The Herald-Dispatch) for two successive weeks.
Step 4: Attend the Hearing
The Clerk will review the petition. If everything is in order, the Clerk will appoint the personal representative and issue Letters Testamentary or Letters of Administration. In some contested cases, a hearing before a Fiduciary Commissioner may be required.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 60 days from first publication to file claims)
- Inventory and appraise all estate assets within 90 days (Appraisement Form)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Final Settlement with the County Clerk to close the estate
Local Requirements
Cabell County-Specific Procedures
- Fiduciary Commissioner: Complex or contested estates may be referred to a Fiduciary Commissioner for oversight.
- Bond: A corporate surety bond is generally required unless the will explicitly waives it or all beneficiaries agree to waive it (for intestate estates).
- Appraisement: A formal appraisement of estate assets (Form 6.01 or 6.02) must be filed within 90 days of qualification.
- Publication: Notice to creditors is typically published in The Herald-Dispatch.
Always check with the Cabell County Clerk's Probate Department for the most current local rules and forms.
Timeline & Fees
Filing Fees (Cabell County)
- Appointment of Administrator/Executor: approximately $37.00
- Probate Claim Filing: $12.00 (first 5 pages)
- Recording Will: Fees vary by page count (approx. $12.00 for first 5 pages)
- Small Estate Affidavit: Fees vary, typically lower than full probate
- Publication costs: approximately $100-$200 depending on the newspaper
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in West Virginia is 60 days from the date of first publication. The estate cannot be closed until this period expires and all claims are resolved.
Local Resources
Cabell County Court Resources
- Court Website: cabellcountyclerk.org
- Probate Self-Help: WV Judiciary Probate Info
- West Virginia Probate Forms: WV Judiciary Forms
Legal Aid and Attorney Referrals
- West Virginia State Bar: (304) 553-7220 — Lawyer Referral Service
- Legal Aid of West Virginia: (304) 343-4481 — legalaidwv.org
Publication
- The Herald-Dispatch: (304) 526-2820 — herald-dispatch.com