Overview
Kanawha County is located in West Virginia with a population of approximately 178,000. The Kanawha 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 of Will (if there is a will) or a Petition for Appointment of Administrator (if there is no 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.
West Virginia offers a simplified Small Estate Affidavit procedure for estates where the personal probate assets are valued at $50,000 or less and real estate is valued at $100,000 or less. This allows for the transfer of assets without full probate administration.
West Virginia law sets a statutory commission for personal representatives, typically starting at 5% for the first $100,000 of the estate, 4% for the next $300,000, and decreasing thereafter.
This guide provides an informational overview of the Kanawha 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
Kanawha County Courthouse
Probate matters in Kanawha County are handled at the Kanawha County Courthouse (County Clerk's Office).
Address: 407 Virginia Street East, Charleston, WV 25301
Phone: (304) 357-0125 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Division is located within the County Clerk's office. They assist with the qualification of personal representatives and the recording of wills.
Parking and Access
Public parking is available at the Kanawha County Judicial Building Parking Garage on Goshorn Street and the Charleston Town Center Parking Garage on Quarrier Street. Metered street parking may also be available 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 probate personal property is valued at $50,000 or less and real estate is $100,000 or less, you may qualify for this simplified process.
- Joint Tenancy with Rights of Survivorship: Assets held this way pass automatically to the surviving 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 Kanawha County Clerk. Include:
- Original Will and codicils (if any)
- Certified death certificate
- List of heirs and beneficiaries with addresses
- Filing fee (varies by estate value)
- Bond (if required)
Step 3: Provide Notice
After filing, you must:
- Mail notice of the administration to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Kanawha County (e.g., Charleston Gazette-Mail). The Clerk's office typically facilitates this publication.
Step 4: Attend the Hearing
In many cases, the initial appointment is handled administratively by the Clerk. However, if there are disputes or if the will is contested, a hearing before the County Commission or 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 the first publication date to file claims)
- File an Appraisement of the Estate (Form ET 6.01) within 90 days
- Pay valid creditor claims and estate taxes
- Distribute assets to beneficiaries
- File a Final Settlement to close the estate
Local Requirements
Kanawha County-Specific Procedures
- Fiduciary Supervisor: Kanawha County utilizes a Fiduciary Supervisor to oversee estate settlements.
- Bond Requirements: A corporate surety bond is generally required unless the will waives it or all beneficiaries agree to waive it. The minimum bond is often $100 if there are no assets, but typically covers the value of personal property.
- Publication: Notice to creditors is published in the Charleston Gazette-Mail. The fee for this is collected by the Clerk at the time of opening the estate.
Always check with the Kanawha County Clerk's Probate Division for the most up-to-date local rules and forms.
Timeline & Fees
Filing Fees (Kanawha County)
- Recording Will: approximately $12.00 (base fee, additional pages extra)
- Appointment of Administrator: Fees vary based on the value of the estate.
- Small Estate Affidavit: approximately $10.00 - $25.00
- Publication costs: approximately $50.00 - $100.00 (payable to the newspaper via the Clerk)
- Certified copies of Letters: approximately $5.00 per copy
Note: Fees are subject to change. Contact the Clerk's office for a precise calculation.
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 is 60 days from the date of first publication. The Appraisement must be filed within 90 days of qualification.
Local Resources
Kanawha County Court Resources
- Court Website: kanawha.us
- Probate Information: Kanawha County Probate
- 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
- Charleston Gazette-Mail: (304) 348-5140 — wvgazettemail.com