Overview
Pendleton County is located in West Virginia with a population of approximately 5,944. The Pendleton County Commission (via the County Clerk) 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 W. Va. 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 assets are $50,000 or less and real estate is $100,000 or less (W. Va. Code § 44-1A-1).
Filing fees are generally modest, with recording fees for wills typically around $11.00 plus per-page charges, and qualification fees ranging from $10 to $20.
This guide provides an informational overview of the Pendleton 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
Pendleton County Clerk
Probate matters in Pendleton County are handled at the Pendleton County Courthouse.
Address: 100 South Main Street, Franklin, WV 26807
Mailing Address: PO Box 1167, Franklin, WV 26807
Phone: (304) 358-2505 (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. The Clerk serves as the probate registrar, handling the initial filing and qualification of personal representatives.
Parking and Access
Street parking is generally available around the courthouse square in Franklin. 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: If probate personal assets are $50,000 or less and real estate is $100,000 or less, you may qualify for a simplified affidavit process.
- Non-Probate Transfers: Assets with named beneficiaries (life insurance, retirement accounts) or held in joint tenancy with rights of survivorship pass outside 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 Pendleton County Clerk. Include:
- Original Will (if applicable)
- Certified death certificate
- List of heirs and beneficiaries with addresses
- Filing fee (typically cash or check)
- Valid photo ID for the proposed Personal Representative
Step 3: Provide Notice
After filing and qualification, you must:
- Mail notice of the administration to all heirs, beneficiaries, and known creditors.
- Publish notice in a newspaper of general circulation in Pendleton County (e.g., The Pendleton Times) for two successive weeks. This triggers the creditor claim period.
Step 4: Attend the Hearing
In West Virginia, the initial appointment is often handled administratively by the Clerk without a formal court hearing unless there is a dispute. If the will is contested or issues arise, the matter may be referred to a Fiduciary Commissioner or the Circuit Court.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 60 days from first publication to file claims)
- File an Appraisement and Nonprobate Inventory with the Clerk within 90 days of qualification
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Settlement to close the estate
Local Requirements
Pendleton County-Specific Procedures
- 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 executors (unless waived in the will).
- Publication: Notice to Creditors must be published in The Pendleton Times.
- Inventory: The "Appraisement of the Estate" form (ET 6.01) must be filed within 90 days.
Always check with the County Clerk's office for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Pendleton County)
- Recording Will: approximately $11.00 (plus per-page fees)
- Qualification of Representative: approximately $10-$15
- Small Estate Affidavit: approximately $10-$25
- Recording Inventory: approximately $11.00+
- Publication costs: approximately $50-$100 (paid directly to newspaper)
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may not be accepted or may incur 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 creditor claim period in West Virginia is 60 days from the date of the first newspaper publication.
Local Resources
Pendleton County Court Resources
- Court Website: pencowv.com
- Probate Self-Help: WV Judiciary Probate Info
- West Virginia Probate Forms: WV Tax Division Forms
Legal Aid and Attorney Referrals
- West Virginia State Bar: (304) 553-7220 — wvbar.org
- Legal Aid of West Virginia: (866) 255-4370 — legalaidwv.org
Publication
- The Pendleton Times: (304) 358-2304 — Newspaper of general circulation for legal notices.