Overview
Gilmer County is located in central West Virginia with a population of approximately 7,116. The Gilmer County Clerk 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 Chapters 41-44. The process begins with filing a Petition for Probate (often accompanied by the original will) 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. The Fiduciary Supervisor oversees the administration of estates.
West Virginia offers a simplified procedure for small estates. If the personal estate is valued at $50,000 or less (excluding real estate) and the total value of real estate is $100,000 or less, an Affidavit for Small Estate may be filed to bypass full probate administration.
West Virginia law sets executor commissions based on a percentage of the estate assets (typically 5% on the first $100,000, 4% on the next $300,000, etc.) unless the will specifies otherwise.
This guide provides an informational overview of the Gilmer 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
Gilmer County Courthouse
Probate matters in Gilmer County are handled at the Gilmer County Courthouse in Glenville.
Address: 10 Howard Street, Glenville, WV 26351
Phone: (304) 462-7241 (Circuit Clerk) / (304) 462-7641 (County Clerk/Probate)
Fax: (304) 462-7038
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 4:00 PM
The County Clerk's office is responsible for recording wills, appointing fiduciaries, and overseeing the probate process. Glenville is the county seat and home to Glenville State University.
Parking and Access
Free public parking is available on the streets surrounding the courthouse. The courthouse is located in the center of Glenville. Visitors should be prepared for security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the personal estate is valued at $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 Gilmer County Clerk. Include:
- Original Will (if applicable)
- Certified Death Certificate
- List of heirs and beneficiaries with addresses
- Estimated value of the estate
- Filing fee (typically based on recording and qualification fees)
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs, beneficiaries, and creditors.
- Publish notice in a newspaper of general circulation in Gilmer County (e.g., the Glenville Democrat & Pathfinder) to alert creditors. The notice is typically published for two successive weeks.
Step 4: Appraisement and Inventory
The personal representative must file an Appraisement and Nonprobate Inventory (Form ET 6.01) with the County Clerk within 90 days of qualification. This form lists all probate and non-probate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and resolve valid claims (creditor period is generally 60 days from first publication).
- Pay estate debts and taxes.
- Distribute remaining assets to beneficiaries.
- File a Final Settlement with the County Clerk to close the estate.
Local Requirements
Gilmer County-Specific Procedures
- Fiduciary Supervisor: The Fiduciary Supervisor oversees estate administration and may be required for larger or contested estates.
- Bond Requirements: A corporate surety bond is typically required for administrators (intestate) and executors (testate) unless the will explicitly waives it.
- Publication: Notice to Creditors must be published in a local newspaper. The Glenville Democrat & Pathfinder is the primary newspaper of general circulation in Gilmer County.
- Recording Fees: Be prepared to pay recording fees for every document filed (e.g., Will, Appraisement, Settlement).
- Office Hours: Note that the courthouse observes a lunch break from 12:00 PM to 1:00 PM.
Always check with the County Clerk's office for the most current local rules and forms.
Timeline & Fees
Filing Fees (Gilmer County)
- Qualification of Personal Representative: Approximately $16.00
- Notice of Administration: Approximately $20.00
- Bond (if required): Approximately $11.00
- Recording Will/Documents: Approximately $11.00 for the first 5 pages, with additional per-page fees
- Appraisement Filing: Approximately $11.00
- Final Settlement: Approximately $11.00
- Certificate of Acting: Approximately $2.50 per copy
- Publication Costs: Approximately $50-$100 depending on the length of the notice
Note: Fees are subject to change. Contact the County Clerk at (304) 462-7641 for a precise estimate.
Payment Methods
The court typically accepts cash, checks, or money orders. Check with the office regarding credit card acceptance.
Estimated Timelines
- Small Estates: 30-60 days (after filing affidavit).
- Simple Estates: 6-9 months (minimum 60-day creditor period).
- Complex Estates: 12 months or longer (if federal estate tax return is required or disputes arise).
Local Resources
Gilmer County Court Resources
- County Website: gilmercountywv.gov
- WV Judiciary - Gilmer County: courtswv.gov
- WV Judiciary Forms: courtswv.gov/court-forms
Legal Aid and Attorney Referrals
- West Virginia State Bar: (304) 553-7220 — wvbar.org
- Legal Aid of West Virginia: (866) 255-4370 — legalaidwv.org
Publication
- Glenville Democrat & Pathfinder: 108 N. Court St., Glenville, WV 26351 — Weekly newspaper of general circulation