Overview
Mineral County is located in West Virginia with a population of approximately 26,778. The Mineral 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 an Application 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.
Small Estate Procedures: West Virginia offers a simplified process for small estates under the West Virginia Small Estate Act (W. Va. Code § 44-1A-1 et seq.). This is available if the probate personal estate is valued at $50,000 or less, or if the estate includes real estate valued at $100,000 or less. An affidavit can be filed to transfer assets without full probate administration.
Fees: West Virginia probate fees are largely based on recording costs. The County Clerk typically charges a fee to record the will, the appraisement, and other documents (often $12.00 for the first 5 pages plus $1.00 for each additional page). There is no percentage-based statutory fee for the court, but executors are entitled to a commission (typically 5% of receipts) unless the will states otherwise.
This guide provides an informational overview of the Mineral 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
Mineral County Clerk's Office
Probate matters in Mineral County are handled at the Mineral County Courthouse.
Address: 150 Armstrong Street, Keyser, WV 26726
Phone: (304) 788-3924 (Probate Department)
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 Clerk serves as the probate court for most uncontested matters.
Parking and Access
There is street parking available around the courthouse and a public parking lot nearby. Visitors must pass through security screening at the courthouse entrance.
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 (or real estate is $100,000 or less), you may qualify for the simplified Small Estate Affidavit process.
- Non-Probate Transfers: Assets with named beneficiaries (life insurance, IRAs) or held in joint tenancy with rights of survivorship pass outside of probate.
- 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 Mineral County Clerk. You will need to file the appropriate petition/application and include:
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- List of Heirs and Beneficiaries (names and addresses)
- Filing Fee: Approximately $12.00-$50.00 depending on document length (cash, check, or money order)
- Valid Photo ID for the proposed Personal Representative
Note: West Virginia does not currently mandate e-filing for probate initiation in all counties; in-person filing is standard.
Step 3: Provide Notice
After filing and qualification:
- Notice to Creditors: The Clerk or Fiduciary Commissioner will publish a Notice of Administration in a local newspaper (e.g., Mineral Daily News-Tribune).
- Mail Notice: You must mail a copy of the notice to all known creditors, heirs, and beneficiaries.
Step 4: Appraisement and Inventory
Within 90 days of qualification, the Personal Representative must file an Appraisement and Non-Probate Inventory Form (ET 6.01) with the County Clerk. This document lists all probate and non-probate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Wait for the creditor claim period to expire (typically 60 days from first publication).
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries according to the will or state intestacy laws.
- File a Final Settlement with the County Clerk to close the estate.
Local Requirements
Mineral County-Specific Procedures
- Appointment Required: It is highly recommended to call (304) 788-3924 to schedule an appointment for probate qualification.
- Fiduciary Commissioner: For larger or more complex estates (often those over $100,000 or with disputed claims), the estate may be referred to a Fiduciary Commissioner for oversight.
- Bond: An executor may need to post a bond unless the will waives it. Out-of-state administrators are almost always required to post a bond.
- Publication: Notice is typically published in the Mineral Daily News-Tribune.
Local Rule Note: Always check with the Clerk regarding the specific number of copies required for the Appraisement form.
Timeline & Fees
Filing Fees (Mineral County)
- Recording Will: ~$12.00 for first 5 pages + $1.00/page thereafter
- Qualification of Representative: ~$12.00
- Recording Appraisement: ~$12.00 for first 5 pages + $1.00/page thereafter
- Publication costs: Approximately $20.00 - $50.00 (payable to the newspaper)
- Certified copies of Letters: ~$5.00 per copy
Note: Fees are subject to change. West Virginia executors are generally entitled to a commission of 5% of the gross receipts.
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee, but it is best to bring a check.
Estimated Timelines
- Small Estate Affidavit: 30-60 days
- Simple estates: 6-9 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period is 60 days from the date of first publication.
Local Resources
Mineral County Court Resources
- County Clerk Website: mineralwv.gov
- WV State Auditor (Forms): wvsao.gov
- Probate Forms: courtswv.gov
Legal Aid and Attorney Referrals
- West Virginia State Bar: (304) 553-7220 — wvbar.org
- Legal Aid of West Virginia: (866) 255-4370 — lawv.net
Publication
- Mineral Daily News-Tribune: (304) 788-3333 — wvnews.com/mineralnews