Overview
Greenbrier County is located in West Virginia with a population of approximately 32,000. The Greenbrier 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 § 44-1-1 et seq. 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 procedure known as the Small Estate Affidavit for estates where the total probate personal property does not exceed $50,000 (West Virginia Small Estate Act, W. Va. Code § 44-1A-1).
Filing fees in Greenbrier County typically range from approximately $75.00 to $275.00 to open an estate, depending on the value of the assets.
This guide provides an informational overview of the Greenbrier 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
Greenbrier County Courthouse
Probate matters in Greenbrier County are handled at the Greenbrier County Courthouse.
Address: 912 Court Street North, Lewisburg, WV 24901
Phone: (304) 647-6602 (County Clerk) or (304) 647-6689 (Fiduciary Supervisor)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Office is located within the County Clerk's department. Appointments are often required to open an estate; call the Fiduciary Supervisor to schedule.
Parking and Access
Street parking is available adjacent to the courthouse. There is also a parking lot located behind the courthouse complex, accessible from US 219.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the probate personal property is valued at $50,000 or less, you may qualify for a simplified process using the West Virginia Small Estate Affidavit.
- 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 Greenbrier County Clerk. Include:
- Original Will and codicils (if any)
- Certified death certificate
- List of heirs and beneficiaries with addresses
- Filing fee (approximately $75-$275)
- Valid photo ID of the personal representative
Appointments are typically required to open an estate. Call (304) 647-6689 to schedule.
Step 3: Provide Notice
After filing, you must:
- Mail notice to heirs and beneficiaries.
- Publish notice to creditors in a newspaper of general circulation in Greenbrier County (such as The West Virginia Daily News) for two successive weeks.
Step 4: Attend the Hearing
The County Clerk or Fiduciary Supervisor will review the documents. If everything is in order, the Clerk will admit the will to probate and appoint the personal representative. Formal hearings before the Commission are usually reserved for contested matters.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 60 days from the first publication date to file claims).
- Inventory and appraise all estate assets (Appraisement Form ET 6.01) within 90 days.
- Pay valid creditor claims.
- 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
Greenbrier County-Specific Procedures
- Appointments: The Fiduciary Supervisor requires an appointment to open an estate. Call (304) 647-6689.
- Bond: A surety bond may be required for out-of-state executors or if the will does not waive surety.
- Publication: Notice to creditors must be published in a local newspaper, typically The West Virginia Daily News.
- Fiduciary Commissioner: Complex or contested estates may be referred to a Fiduciary Commissioner for oversight.
Always check with the County Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Greenbrier County)
- Opening an Estate: approximately $75.00 - $275.00 (varies by estate value)
- Small Estate Affidavit: approximately $12.00 - $35.00 (recording fees)
- Recording Will: approximately $12.00 for the first 5 pages
- Publication costs: approximately $100 - $200 (paid directly to the newspaper)
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
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 in West Virginia is 60 days from the date of first publication.
Local Resources
Greenbrier County Court Resources
- Court Website: greenbriercounty.net
- Probate Self-Help: WV Judiciary Court Forms
- West Virginia Probate Forms: WV Judiciary Forms
Legal Aid and Attorney Referrals
- West Virginia State Bar: (304) 553-7220 — wvbar.org
- Legal Aid of West Virginia: (304) 343-4481 — legalaidwv.org
Publication
- The West Virginia Daily News: (304) 645-1206 — wvdn.com