Overview
Monongalia County is located in West Virginia with a population of approximately 105,822. The Monongalia County Commission (Probate Division) 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 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 Small Estate Affidavit procedure for estates where probate personal property is valued at $50,000 or less and real estate is valued at $100,000 or less (WV Code § 44-1A-1).
State law sets statutory executor commissions if not specified in the will: 5% on the first $100,000 of the estate's value, 4% on the next $300,000, and 3% on the next $400,000.
This guide provides an informational overview of the Monongalia 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
Monongalia County Clerk's Office
Probate matters in Monongalia County are handled at the Monongalia County Courthouse.
Address: 243 High Street, Room 123, Morgantown, WV 26505
Phone: (304) 291-7230 (Probate Department)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
Probate Appointments: Available Monday through Friday, 9:00 AM to 3:30 PM
The Probate Office is located in Room 123 of the historic courthouse on High Street. Appointments are strongly recommended for opening new estates to ensure a clerk is available to assist you.
Parking and Access
Metered street parking is available along High Street and Walnut Street. There are also public parking garages nearby, such as the University Avenue Garage. The courthouse is accessible via the Walnut Street PRT station for those using public transit.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: Available if probate personal assets are $50,000 or less AND probate real estate is $100,000 or less.
- 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, file a Petition for Probate with the Monongalia County Clerk. Include:
- Original Will (if applicable)
- Certified death certificate
- List of heirs and beneficiaries with addresses
- Filing fee (approx. $12.00 base fee)
- Valid photo ID of the person applying
The clerk's office typically requires an appointment for the initial filing.
Step 3: Provide Notice
After filing, the Clerk's office will:
- Publish notice of the administration in a newspaper of general circulation (typically The Dominion Post) to notify creditors.
- The notice period for creditors to file claims is 60 days from the date of first publication.
Step 4: Attend the Hearing
For most uncontested administrative matters, the County Clerk or Fiduciary Supervisor handles the appointment without a formal court hearing. If approved, the Clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and Appraise: File the "Appraisement of the Estate and Non-Probate Inventory" (Form ET 6.01) within 90 days of qualification.
- Pay valid creditor claims after the 60-day claim period expires.
- 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
Monongalia County-Specific Procedures
- Appointments: The Probate Office (Room 123) highly recommends scheduling an appointment for opening an estate. Call (304) 291-7230.
- Fiduciary Commissioner: Complex estates or those with disputes may be referred to a Fiduciary Commissioner for oversight.
- Bond: A surety bond is generally required for administrators (intestate) and for executors if the will does not waive it.
- Publication: Notice is published in The Dominion Post. The clerk's office typically handles the submission of this notice upon filing.
Always check with the County Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Monongalia County)
- Opening Probate (Will/Affidavit): approximately $12.00 for the first 5 pages, plus $1.00 per additional page
- Recording Appraisement: approximately $12.00 (varies by page count)
- Certified copies of Letters: approximately $2.50 - $5.00 per copy
- Publication costs: approximately $100-$200 (payable to The Dominion Post)
- Small Estate Surcharge: Varies based on asset value
West Virginia statute sets executor commissions at 5% for the first $100,000, 4% for the next $300,000, and 3% for the next $400,000.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (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 60-day creditor claim period and the 90-day inventory deadline are key statutory milestones that affect the timeline.
Local Resources
Monongalia County Court Resources
- Court Website: monongaliacountyclerk.com
- Probate Self-Help: Fiduciary & Probate Info
- WV Probate Forms: WV Judiciary Forms
Legal Aid and Attorney Referrals
- West Virginia State Bar: (304) 553-7220 — Lawyer Referral Service
- Legal Aid of West Virginia: (304) 296-0001 — Morgantown Office
- WV State Bar Referral: wvbar.org
Publication
- The Dominion Post: (304) 292-6301 — Newspaper of general circulation