Overview
Harrison County is located in West Virginia with a population of approximately 64,500. The Harrison 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 (often involving the presentation of the Last Will and Testament) 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.
Small Estate Procedures: West Virginia offers a simplified process for small estates under the West Virginia Small Estate Act (W. Va. Code § 44-1A-1). This is available if the probate personal estate is valued at $50,000 or less and probate real estate is valued at $100,000 or less. An authorized successor can file a Small Estate Affidavit to handle assets without full probate administration.
Fees: Filing fees vary based on the number of pages recorded and the type of documents filed. The base fee for recording a will is typically $12.00, with additional costs for qualification, bonds, and copies.
This guide provides an informational overview of the Harrison 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
Harrison County Clerk's Office
Probate matters in Harrison County are handled at the Harrison County Courthouse.
Address: 229 S. Third Street, Clarksburg, WV 26301
Phone: (304) 624-8613 (Probate/County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The County Clerk's office is located on the main floor of the courthouse. The Fiduciary Supervisor oversees the administration of estates.
Parking and Access
There is a public parking lot located at 328 Washington Avenue (behind the courthouse) and street parking is available on Main Street. A parking garage is also situated nearby in downtown Clarksburg. 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 $50,000 or less and real estate is $100,000 or less, you may qualify for the simplified Small Estate Affidavit process.
- Non-Probate Transfers: Assets with named beneficiaries (life insurance, retirement accounts) or held in joint tenancy with rights of survivorship pass directly to the beneficiary outside of probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, schedule an appointment with the Harrison County Clerk's Probate Office. You will generally need to bring:
- Original Last Will and Testament (if one exists)
- Certified Death Certificate
- List of Heirs and Beneficiaries (names and addresses)
- Approximate value of the estate (to determine bond)
- Filing fee (Cash, check, or credit card)
- Valid Photo ID
Step 3: Provide Notice
After the personal representative is appointed:
- Notice to Creditors: The Fiduciary Commissioner or Clerk will publish a Notice of Administration in a local newspaper (e.g., The Exponent Telegram) to notify creditors.
- Notice to Beneficiaries: You must notify all heirs and beneficiaries named in the will (or heirs-at-law if no will exists) of the probate proceedings.
Step 4: Appraisement and Inventory
The personal representative must file an Appraisement of the Estate (Form 6.01 or 6.02) with the County Clerk within 90 days of qualification. This document lists all probate and non-probate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Pay valid creditor claims: Creditors typically have 60 days from the date of first publication to file claims.
- File Taxes: File the decedent's final income tax return and any necessary estate tax returns.
- Distribute Assets: Once debts and taxes are paid, distribute the remaining assets to the beneficiaries.
- Close the Estate: File a Final Settlement with the County Commission to close the estate and be discharged from duties.
Local Requirements
Harrison County-Specific Procedures
- Appointment Required: It is highly recommended to call the Probate Office at (304) 624-8613 to schedule an appointment for opening an estate.
- Fiduciary Commissioner: For larger or more complex estates, the County Commission may refer the estate to a Fiduciary Commissioner who oversees the process and reviews settlements.
- Bond: A surety bond is generally required unless the will explicitly waives it or all beneficiaries agree to waive it (and there are no debts).
- Publication: Legal notices are typically published in The Exponent Telegram.
The County Clerk's office provides specific forms for the Appraisement and Settlement which must be used.
Timeline & Fees
Filing Fees (Harrison County)
- Recording Will: approximately $12.00 (plus per-page fees)
- Qualification/Appointment: approximately $50.00 - $100.00 (varies)
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $100 - $200 (payable to the newspaper)
- Small Estate Affidavit: approximately $10.00 - $25.00
Note: Fees are subject to change. Contact the County Clerk for the most current fee schedule.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (often with a convenience fee).
Estimated Timelines
- Simple estates (Small Estate Affidavit): 30-60 days
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period is 60 days from the first publication of notice, which sets a minimum timeline for closing formal estates.
Local Resources
Harrison County Court Resources
- County Clerk Website: harrisoncountywv.com
- West Virginia Judiciary Forms: courtswv.gov
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 Exponent Telegram: (304) 626-1400 — wvnews.com/theet