Overview
Fayette County is located in West Virginia with a population of approximately 38,600. The Fayette County Commission 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 of Will and/or Appointment of Personal Representative 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 the personal probate assets do not exceed $50,000 and real estate does not exceed $100,000 (W. Va. Code § 44-1A-1 et seq.).
West Virginia law sets a commission for the Personal Representative, typically starting at 5% of the gross estate receipts, though this can be adjusted by the court or the will.
This guide provides an informational overview of the Fayette 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
Fayette County Clerk's Office
Probate matters in Fayette County are handled at the Fayette County Courthouse.
Address: 100 Court Street, Fayetteville, WV 25840
Phone: (304) 574-4327 (Probate/Estates - Lisa Garrett) | Main Office: (304) 574-4225
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Department is located within the County Clerk's office. Appointments are recommended for opening new estates.
Parking and Access
Street parking is available around the courthouse square in Fayetteville. There are also public parking lots nearby. Security screening is required upon entering the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the personal probate assets are 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 directly to the co-owner.
- 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 Fayette County Clerk. Include:
- Original Will and codicils (if any)
- Certified death certificate
- List of heirs and beneficiaries with addresses
- Filing fee (approximately $30-$50 to open)
- Valid photo ID of the Personal Representative
E-filing is generally not available for initial probate petitions in Fayette County; in-person filing is standard.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if applicable) or administration to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Fayette County (e.g., The Fayette Tribune) for two successive weeks.
Step 4: Attend the Hearing
The County Clerk or Fiduciary Supervisor typically reviews the petition. If everything is in order, the Letters Testamentary or Letters of Administration are issued. A formal hearing before the County Commission is usually only required if the will is contested.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims period is typically 60 days from first publication)
- Inventory and appraise all estate assets within 90 days (Appraisement Form 6.01 or 6.02)
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Settlement and petition for discharge
Local Requirements
Fayette County-Specific Procedures
- Appointments: The Clerk's office strongly encourages calling ahead to schedule an appointment for opening an estate.
- Bond requirements: A surety bond is generally required for administrators (intestate) and for executors (testate) unless the will explicitly waives it.
- Fiduciary Commissioner: Complex estates or those with disputes may be referred to a Fiduciary Commissioner for oversight.
- Publication: Notice to creditors must be published in a local newspaper such as The Fayette Tribune.
Always check with the County Clerk for the most current local rules and forms.
Timeline & Fees
Filing Fees (Fayette County)
- Recording Will: approximately $15.00
- Qualification (Oath): approximately $15.00
- Appraisement Recording: approximately $15.00
- Certified copies of Letters: approximately $5.00 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Small Estate Affidavit: approximately $15.00-$30.00
Fees are subject to change.
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 1-3 months
- Average estates: 6-9 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period (60 days) and the requirement to file a final settlement significantly influence the timeline.
Local Resources
Fayette County Court Resources
- Court Website: fayettecounty.wv.gov
- West Virginia Probate Forms: WV Court 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
- WV Lawyer Referral: wvlawyerreferral.org
Publication
- The Fayette Tribune: (304) 469-3373 — fayettetribune.com
- The Register-Herald: (304) 255-4400 — register-herald.com