Overview
Mingo County is located in West Virginia with a population of approximately 21,712. The Mingo 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 § 44-1-1 et seq. 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 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 generally at 5% of the gross receipts of the estate, though this can vary based on the complexity of the estate and court approval.
This guide provides an informational overview of the Mingo 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
Mingo County Clerk
Probate matters in Mingo County are handled at the Mingo County Courthouse.
Address: 75 East Second Avenue, Williamson, WV 25661
Phone: (304) 235-0330 (Probate/County Clerk)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The County Clerk's office serves as the probate court for most administrative matters. The Fiduciary Supervisor oversees the administration of estates.
Parking and Access
Street parking is available around the courthouse in downtown Williamson. There are also public parking lots nearby. Security screening is required upon entering the courthouse building.
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 qualify for a simplified small estate 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, file a Petition for Probate with the Mingo County Clerk. Include:
- Original Will and codicils (if any)
- Certified death certificate
- List of heirs and beneficiaries with addresses
- Filing fee (typically varies, approx. $12.00 for recording will + appointment fees)
- Bond (if required by the will or court)
Step 3: Provide Notice
After filing, you must:
- Mail notice of the administration to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Mingo County (e.g., Williamson Daily News) for two successive weeks.
Step 4: Attend the Hearing
For most uncontested administrative probates, the process is handled administratively by the Clerk. If there is a dispute or will contest, a hearing may be scheduled before the County Commission or 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 of appointment (Appraisement Form ET 6.01)
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Settlement and petition for discharge
Local Requirements
Mingo County-Specific Procedures
- Fiduciary Supervisor: Mingo County utilizes a Fiduciary Supervisor to oversee estate settlements. They review inventories and accountings before they are presented to the County Commission.
- Bond: A corporate surety bond is generally required for administrators of intestate estates, and for executors unless waived in the will.
- Appraisement: The "Appraisement of the Estate" (Form ET 6.01) must be completed and filed within 90 days. This form lists all probate and non-probate assets.
- Publication: Notice to creditors must be published in a local newspaper, typically the Williamson Daily News.
Always check with the County Clerk's office for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Mingo County)
- Recording Will: approximately $12.00 for first 2 pages, $1.00 per additional page
- Appointment of Representative: approximately $10.00 - $25.00
- Certified copies of Letters: approximately $2.50 - $5.00 per copy
- Publication costs: approximately $100 - $150 (paid directly to newspaper)
- Small Estate Affidavit: approximately $10.00 - $20.00
Note: Fees are subject to change. Contact the County Clerk for exact amounts.
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 6-9 months (minimum 60-day creditor period + processing)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The timeline is largely driven by the 60-day creditor claim period and the time required to liquidate assets and prepare the final accounting.
Local Resources
Mingo County Court Resources
- County Clerk Website: https://www.wv.gov/local/Pages/counties.aspx?county=mingo
- WV Probate Forms: http://www.courtswv.gov/public-resources/court-forms
- WV State Bar Probate Info: https://wvbar.org/
Legal Aid and Attorney Referrals
- West Virginia State Bar: (304) 553-7220 — Lawyer Referral Service
- Legal Aid of West Virginia: (866) 255-4370 — https://legalaidwv.org/
Publication
- Williamson Daily News: (304) 235-4242 — https://www.williamsondailynews.com/