Overview
Monroe County is located in West Virginia with a population of approximately 12,462. The Monroe County Commission handles all probate and estate matters for decedents who were domiciled in the county at the time of death, with administration overseen by the County Clerk.
West Virginia probate is governed by West Virginia Code §44-1-1 et seq. The process begins with filing a Petition for Probate (or Application for Appointment) to admit the will and appoint a personal representative. The Clerk 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 does not exceed $50,000 and real estate does not exceed $100,000 (WV Code §44-1A-1).
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 administration.
This guide provides an informational overview of the Monroe 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
Monroe County Clerk's Office
Probate matters in Monroe County are handled at the Monroe County Courthouse.
Address: 350 Main St, Union, WV 24983 (Mailing: PO Box 350, Union, WV 24983)
Phone: (304) 772-3096 (Probate Extension: 3)
Hours: Monday through Friday, 8:30 AM to 4:30 PM (Closed 12:00 PM - 1:00 PM for lunch)
The County Clerk's office is located in the main courthouse building. The Clerk serves as the probate registrar and handles the filing of wills, appointment of fiduciaries, and recording of estate documents.
Parking and Access
Street parking is generally available around the courthouse square in Union. 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: Available if probate personal assets are $50,000 or less and real estate is $100,000 or less. This process avoids full administration.
- 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/Appointment with the Monroe County Clerk. Include:
- Original Will (if applicable)
- Certified Death Certificate
- List of heirs and beneficiaries (names and addresses)
- Filing fee (see fee schedule below)
- Fiduciary Bond (if required by the will or law)
E-filing is generally not available for initial probate opening in Monroe County; in-person filing is recommended.
Step 3: Provide Notice
After filing, the process involves:
- Notice to Beneficiaries: The personal representative must notify all heirs and beneficiaries.
- Notice to Creditors: The Clerk (or Fiduciary Commissioner) publishes a Notice of Administration in a local newspaper (e.g., The Monroe Watchman). Creditors typically have 60 days from the date of first publication to file claims.
Step 4: Attend the Hearing
Initial appointments are often handled administratively by the Clerk without a formal court hearing unless the will is contested. If the estate is referred to a Fiduciary Commissioner due to complexity or disputes, hearings may be scheduled.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and resolve valid claims
- File an Appraisement and Inventory form (ET 6.01) with the Clerk within 90 days
- File federal and state tax returns as needed
- Distribute assets to beneficiaries after debts are paid
- File a Final Settlement report to close the estate
Local Requirements
Monroe County-Specific Procedures
- Appointment: Appointments are typically handled by the Probate Clerk. Call (304) 772-3096 Ext. 3 to schedule an appointment.
- Bond: A corporate surety bond is usually required unless the will explicitly waives it or all beneficiaries agree to waive it (for intestate estates).
- Publication: The Clerk's office typically arranges the publication of the Notice to Creditors in The Monroe Watchman.
- Fiduciary Commissioner: Estates exceeding $200,000 in probate assets are referred to a Fiduciary Commissioner for oversight. Complex estates or those with disputes may also be referred regardless of value.
Always check with the Clerk's office for the most current local forms and fee schedules.
Timeline & Fees
Filing Fees (Monroe County)
- Without a Will (Intestate): $44.00 total (Application $12 + Bond $12 + Publication $20)
- With a Will (5 pages or less): $56.00 total (Application $12 + Bond $12 + Will $12 + Publication $20)
- Additional pages: $1.00 per page over 5 pages
- Small Estate Affidavit: approximately $12.00 recording fee
- Final Settlement recording: $17.00
- Certified copies: approximately $5.00 per copy
Note: Fees are subject to change. Contact the Clerk's office for current fee schedules.
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): 1-2 months
- Average estates: 6-9 months (includes 60-day creditor period)
- Complex or contested estates: 12 months to 2+ years
The timeline is heavily influenced by the 60-day creditor claim period and the time required to liquidate assets and file taxes.
Local Resources
Monroe County Court Resources
- Court Website: monroecountywv.gov/clerk
- Probate Information: Monroe County Probate
- 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: (866) 255-4370 — Civil Legal Aid
- WV State Bar Referral: wvbar.org
Publication
- The Monroe Watchman: (304) 772-3016 — Newspaper of general circulation