Overview
Logan County is located in West Virginia with a population of approximately 30,560. The Logan 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 and 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 personal property is valued at $50,000 or less and real estate is valued at $100,000 or less. This affidavit can be filed 30 days after death if no personal representative has been appointed.
West Virginia does not set a statutory percentage for attorney or executor fees; fees must be "reasonable" based on the work performed, often calculated around 5% of the gross receipts, subject to approval by the Commissioner of Accounts if required.
This guide provides an informational overview of the Logan 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
Logan County Clerk's Office
Probate matters in Logan County are handled at the Logan County Courthouse.
Address: 300 Stratton Street, Logan, WV 25601
Phone: (304) 792-8600 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The County Clerk's office is located on the first floor of the courthouse in downtown Logan. The office is closed for lunch from 12:00 PM to 1:00 PM.
Parking and Access
Street parking is available around the courthouse. Security screening is required upon entering the building.
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 at $100,000 or less, you may file an affidavit 30 days after death.
- Transfer on Death Deed: Real estate subject to a Transfer on Death Deed passes directly to the beneficiary without probate.
- 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 Appointment of Administrator or Executor with the Logan County Clerk's Office. Include:
- Original Will (if applicable)
- List of heirs with names and addresses
- Certified death certificate
- $64.00 (includes appointment and publication fees)
- Social Security number of the decedent
Probate is typically handled by appointment. Call the Clerk's office to schedule a time.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the administration to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Logan County for two successive weeks. (The Clerk's office typically handles the arrangement of this publication as part of the filing fee).
Step 4: Attend the Hearing
For uncontested estates, a formal hearing is often not required; the Clerk appoints the representative administratively. If a dispute arises, the County Commission will schedule a hearing.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors, who have 60 days from the first publication date to file claims.
- Inventory and appraise all estate assets within 90 days using Form ET 6.01.
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge.
Local Requirements
Logan County-Specific Procedures
- Appointment Required: Probate is handled by appointment only; call (304) 792-8600 to schedule.
- Bond Requirements: A corporate surety bond is generally required for administrators unless the will explicitly waives it.
- Fiduciary Commissioner: Estates with multiple beneficiaries or potential disputes may be referred to a Fiduciary Commissioner for oversight.
- Publication: Notice must be published in a newspaper of general circulation in Logan County for two successive weeks.
The Logan County Clerk's office includes the cost of publication in the initial appointment fee.
Timeline & Fees
Filing Fees (Logan County)
- Appointment of Administrator/Executor: approximately $64.00 (includes publication)
- Recording Will: approximately $12.00 (varies by length)
- Certified copies of Letters: approximately $5.00 per certified copy
- Publication costs: Included in appointment fee
- Appraisement Recording: approximately $12.00
West Virginia allows for "reasonable compensation" for executors, typically around 5% of the estate's receipts.
Payment Methods
The court accepts cash, checks, or money orders. Credit cards may not be accepted or may incur a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 3-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
The 60-day creditor claim period and the 90-day deadline for filing the Appraisement (Inventory) are key factors affecting the timeline.
Local Resources
Logan County Court Resources
- Court Website: logancoclerk.com
- Probate Self-Help: Logan County Clerk Probate Info
- West Virginia Probate Forms: Court Forms
Legal Aid and Attorney Referrals
- West Virginia State Bar: (304) 345-9500 — Lawyer Referral Service
- Legal Aid of West Virginia: (866) 255-4370 — Free legal assistance for qualifying residents
- WV State Bar: wvbar.org
Publication
- The Logan Banner: (304) 752-6950 — Newspaper of general circulation in Logan County
- Williamson Daily News: (304) 235-4242 — Regional newspaper