Overview
Mason County is located in West Virginia with a population of approximately 25,453. The Mason 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 of Will (or Petition for Appointment of Administrator) 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 procedure 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 real estate is valued at $100,000 or less.
State law sets executor commissions at 5% on the first $100,000 of the estate, 4% on the next $300,000, 3% on the next $400,000, and 2% on amounts above $800,000 (W. Va. Code §44-4-12a).
This guide provides an informational overview of the Mason 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
Mason County Clerk
Probate matters in Mason County are handled at the Mason County Courthouse.
Address: 200 Sixth Street, Point Pleasant, WV 25550
Phone: (304) 675-1997 (County Clerk's Office)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The County Clerk's office is located on the second floor of the courthouse. The County Commission serves as the probate court, with the Clerk handling daily administration and filings.
Parking and Access
Street parking is available around the courthouse in downtown Point Pleasant. The building is accessible to the public during business hours.
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 file a Small Estate Affidavit to bypass full probate.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass directly to the co-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 Mason County Clerk. Include:
- Original Will (if applicable)
- Certified death certificate
- List of heirs and beneficiaries with addresses
- Filing fee (varies based on recording costs)
- Fiduciary Bond (if required by the will or court)
E-filing is generally not available for initial probate petitions in Mason County; documents should be filed in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs, beneficiaries, and creditors.
- Publish notice in a newspaper of general circulation in Mason County (typically the Point Pleasant Register) to alert creditors. The Clerk's office often assists with coordinating this publication.
Step 4: Attend the Hearing
The County Clerk or a Fiduciary Supervisor will review the petition. If the will is self-proved and all documents are in order, the appointment may be handled administratively without a formal hearing before the Commission, unless the will is contested.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 60 days for claims (or as specified by current statute).
- Appraise all estate assets and file an Appraisement and Inventory form (ET 6.01) within 90 days.
- Pay valid creditor claims and estate taxes.
- Distribute assets to beneficiaries.
- File a Final Settlement with the County Commission to close the estate.
Local Requirements
Mason County-Specific Procedures
- Fiduciary Commissioner: For larger or complex estates, the County Commission may refer the estate to a Fiduciary Commissioner for oversight.
- Bond: A corporate surety bond is typically required unless the will explicitly waives it or all beneficiaries agree to waive it (and there are no debts).
- Publication: Notice to Creditors must be published in the Point Pleasant Register.
- Recording Fees: Fees are calculated based on the number of pages recorded.
Always check with the Mason County Clerk's probate division for the most current local rules and forms.
Timeline & Fees
Filing Fees (Mason County)
- Probate/Recording Fee: approximately $12.00 for the first few pages (fees vary by document length)
- Qualification/Appointment: approximately $10.00 - $20.00
- Certified copies of Letters: approximately $2.50 - $5.00 per copy
- Publication costs: approximately $100 - $200 depending on the newspaper
- Recording Inventory/Settlement: approximately $12.00+ depending on page count
West Virginia statute sets executor fees at 5% for the first $100,000, decreasing for larger amounts.
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 1-2 months
- Average estates: 6-9 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period (typically 60 days after publication) and tax processing times significantly affect the timeline.
Local Resources
Mason County Court Resources
- County Clerk Website: masoncountywv.gov
- Probate Self-Help: WV Judiciary Probate Info
- West Virginia Probate Forms: WV Supreme Court Forms
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
- Point Pleasant Register: (304) 675-1333 — Newspaper of general circulation for legal notices.