Overview
Marshall County is located in West Virginia with a population of approximately 30,591. The Marshall 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 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 with personal property valued at $50,000 or less and real estate valued at $100,000 or less.
Note that Marshall County may require a deposit (often around $300) upon opening an estate to cover potential Fiduciary Commissioner fees, though actual recording fees are lower.
This guide provides an informational overview of the Marshall 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
Marshall County Courthouse
Probate matters in Marshall County are handled at the Marshall County Courthouse.
Address: 600 Seventh Street, Room 106, Moundsville, WV 26041
Phone: (304) 845-1220 (County Clerk)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The County Clerk's office is located in Room 106. Probate appointments are typically handled by the Fiduciary Supervisor or a deputy clerk.
Parking and Access
Street parking is available around the courthouse. There are also public parking lots nearby in downtown Moundsville. Security screening is required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property is valued at $50,000 or less and real estate is $100,000 or less, you may qualify for a simplified affidavit process after a 30-60 day waiting period.
- 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 Marshall County Clerk. You will generally need to file:
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- List of heirs and beneficiaries with addresses
- Estimated value of the estate
- Filing fee (approx. $70 plus potential deposit)
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and beneficiaries.
- Publish notice to creditors in a local newspaper (e.g., The Intelligencer or Wheeling News-Register) for two successive weeks.
Step 4: Attend the Hearing
In West Virginia, the initial appointment is often administrative before the Clerk. If the will is regular and uncontested, the Clerk admits it to probate and appoints the personal representative. Disputes may be referred to a Fiduciary Commissioner.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 60 days from first publication to file claims)
- Inventory and appraise all estate assets within 90 days (Appraisement Form 6.01 or 6.02)
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Settlement with the County Commission
Local Requirements
Marshall County-Specific Procedures
- Appointment Required: It is highly recommended to call (304) 845-1220 to schedule an appointment for probate.
- Fiduciary Commissioner: Complex estates or those with disputes may be referred to a Fiduciary Commissioner, which may require an additional deposit (often ~$300).
- Bond: A surety bond is generally required unless the will waives it or all beneficiaries agree to waive it (for intestate estates).
- Publication: Notice must be published in a newspaper of general circulation in Marshall County, such as The Intelligencer or Wheeling News-Register.
Timeline & Fees
Filing Fees (Marshall County)
- Probate/Recording Will: approximately $70 (varies by page count)
- Fiduciary Deposit: approximately $300 (if applicable/required)
- Recording Fees: $1.50 for first 2 pages, $1.00 for each additional page
- Small Estate Affidavit: approximately $25-$50
- Publication costs: approximately $100-$150 depending on the newspaper
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a processing 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.
Local Resources
Marshall County Court Resources
- County Clerk Website: marshallcountywv.gov
- County Clerk Forms: Marshall County Forms
- WV Judiciary: 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 Intelligencer / Wheeling News-Register: (304) 233-0100