Overview
Nicholas County is located in West Virginia with a population of approximately 24,604. The Nicholas 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 § 44-1-1 et seq. The process begins with filing a Petition for Probate (often oral or informal with the Clerk) 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 Small Estate Affidavit procedure for estates where personal assets do not exceed $50,000 and real estate does not exceed $100,000. This allows heirs to bypass full probate administration.
West Virginia does not have a statutory percentage-based fee schedule for attorneys or executors; fees must be reasonable and are often based on time or a flat rate agreed upon by the parties.
This guide provides an informational overview of the Nicholas 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
Nicholas County Courthouse
Probate matters in Nicholas County are handled at the Nicholas County Courthouse.
Address: 700 Main Street, Summersville, WV 26651
Phone: (304) 872-7820 (County Clerk)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The County Clerk's office is located on the first floor of the courthouse. This office serves as the probate court for the county, handling the recording of wills and appointment of fiduciaries.
Parking and Access
Metered street parking is available around the courthouse square and along Main Street. There is also a municipal parking lot nearby. Visitors should be prepared for security screening 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: Available if probate personal assets are $50,000 or less and real estate is $100,000 or less.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the survivor.
- Beneficiary Designations: Accounts with POD/TOD designations or named beneficiaries (like life insurance) bypass probate.
Step 2: File the Petition
If formal probate is needed, visit the Nicholas County Clerk's Office to open the estate. You generally need to bring:
- Original Last Will and Testament (if one exists)
- Certified Death Certificate
- List of heirs and beneficiaries with addresses
- Estimated value of the estate
- Filing fee (cash, check, or money order)
The Clerk will assist in preparing the initial qualification documents.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and beneficiaries.
- Publish notice to creditors in a local newspaper (typically The Nicholas Chronicle) for two successive weeks. The Clerk's office usually handles the arrangement of this publication upon qualification.
Step 4: Appraisement and Inventory
Within 90 days of qualification, the personal representative must file an Appraisement of the Estate (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:
- Notify creditors and resolve valid claims (creditor claim period is 60 days from first publication)
- Collect and manage estate assets
- File necessary tax returns (final income tax, etc.)
- Distribute assets to beneficiaries after debts are paid
- File a Final Settlement with the Clerk to close the estate
Local Requirements
Nicholas County-Specific Procedures
- Fiduciary Commissioner: Complex estates or those with disputes may be referred to a Fiduciary Commissioner for oversight.
- Bond: Out-of-state executors or administrators generally must post a bond unless the will explicitly waives it.
- Publication: Notice to creditors is published in The Nicholas Chronicle.
- Settlement: A final settlement must be filed to close the estate, or a "Waiver of Final Settlement" if all beneficiaries agree and debts are paid.
Always check with the Nicholas County Clerk's probate division for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Nicholas County)
- Recording Will: Approximately $12.00 for the first 5 pages ($1.00 for each additional page)
- Qualification Fee: Varies, typically small administrative fee
- Recording Appraisement: Approximately $12.00
- Publication costs: Approximately $100-$150 (payable to the newspaper)
- Certified copies of Letters: Approximately $5.00 per copy
Note: Fees are subject to change. Contact the Clerk's office for exact amounts.
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 1 year or more
The creditor claim period is 60 days from the date of first publication. The estate cannot be closed until this period expires and all claims are resolved.
Local Resources
Nicholas County Court Resources
- County Clerk Website: nicholascountywv.org
- West Virginia Judiciary Forms: courtswv.gov
- WV State Bar Probate Info: wvbar.org
Legal Aid and Attorney Referrals
- West Virginia State Bar Lawyer Referral: wvlawyerreferral.org
- Legal Aid of West Virginia: (304) 343-4481 — Provides legal assistance to eligible low-income residents.
Publication
- The Nicholas Chronicle: (304) 872-2251 — Newspaper of general circulation for probate notices.