Overview
Marion County is located in West Virginia with a population of approximately 56,205. The Marion County Commission (via the County Clerk's Fiduciary Supervisor) 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 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 Small Estate Affidavit procedure for estates where the personal probate property does not exceed $50,000 and real estate does not exceed $100,000. This allows for a simplified process without full administration.
State law sets executor commissions at 5% of the first $100,000 of the estate value, 4% of the next $300,000, and 3% of the next $400,000, unless the will specifies otherwise.
This guide provides an informational overview of the Marion 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
Marion County Courthouse
Probate matters in Marion County are handled at the Marion County Clerk's Office.
Address: 219 Adams Street, Fairmont, WV 26554
Phone: (304) 367-5457 (Probate/Estates)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The County Clerk's office is located in the main courthouse building. Probate matters are typically handled by appointment; call ahead to schedule a time with the Fiduciary Supervisor.
Parking and Access
Street parking is available around the courthouse in downtown Fairmont. There are also public parking lots 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 personal probate estate is valued at $50,000 or less and real estate at $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, schedule an appointment with the Marion County Clerk. You will generally need to file a Petition for Probate and/or present the original will. Bring:
- Original Will and codicils (if any)
- Certified death certificate
- List of heirs and beneficiaries with addresses
- Estimated value of the estate (for bond purposes)
- Filing fee (cash, check, or money order)
Step 3: Provide Notice
After the personal representative is appointed:
- Publish notice in a newspaper of general circulation in Marion County (e.g., Times West Virginian) once a week for two successive weeks.
- Mail notice to heirs, beneficiaries, and creditors as required by law.
Step 4: Inventory and Appraisement
You must file an Appraisement of the Estate (Form ET 6.01) and Nonprobate Inventory with the County Clerk within 90 days of qualification. This lists all probate and non-probate assets.
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)
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Settlement with the County Commission to close the estate
Local Requirements
Marion County-Specific Procedures
- Appointments: The Marion County Clerk's office typically requires appointments for opening probate estates. Call (304) 367-5457 to schedule.
- Fiduciary Commissioner: Complex estates or those with disputes may be referred to a Fiduciary Commissioner for oversight.
- Bond: A surety bond is generally required unless the will waives it or all beneficiaries agree to waive it (and there are no debts).
- Publication: Notice of Administration must be published in a local newspaper (e.g., Times West Virginian) for two successive weeks.
Always check with the Fiduciary Supervisor for the most current local rules and forms.
Timeline & Fees
Filing Fees (Marion County)
- Probate Appointment/Qualification: approximately $50-$75 (varies by document count)
- Recording Will: approximately $10.00 + $1.00 per page
- Appraisement Filing: approximately $10.00 + recording fees
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $100-$200 depending on the newspaper
Note: Fees are subject to change. Contact the County Clerk for exact amounts.
Payment Methods
The court accepts cash, checks, and money orders. Credit 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 first date of publication. The estate generally cannot be closed until this period expires and all claims are resolved.
Local Resources
Marion County Court Resources
- County Clerk Website: marioncountywv.com
- WV Probate Forms: WV Tax Division
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
- Times West Virginian: (304) 367-2500 — timeswv.com