Overview
Pleasants County is located in West Virginia with a population of approximately 7,653. The Pleasants 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 West Virginia Code Chapter 44. 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 the total value of personal property is $50,000 or less, and real estate is valued at $100,000 or less. This allows heirs to bypass full probate administration.
State law sets standard recording fees, but the County Commission may have specific local charges. Executors are generally entitled to a commission of 5% of the estate's receipts, though this can vary by will or court approval.
This guide provides an informational overview of the Pleasants 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
Pleasants County Clerk
Probate matters in Pleasants County are handled at the Pleasants County Courthouse.
Address: 301 Court Lane, St. Marys, WV 26170
Phone: (304) 684-7637 (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. Probate appointments are often required; call ahead to schedule a time to open an estate.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets. The building is accessible to persons with disabilities.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the personal estate is valued at $50,000 or less and real estate at $100,000 or less, you may file a Small Estate Affidavit to transfer assets without full administration.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the surviving owner.
- 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 Pleasants County Clerk. Include:
- Original Will (if applicable)
- Certified death certificate
- List of heirs and beneficiaries with addresses
- Filing fee (typically starting around $12.00 for recording, plus appointment fees)
- Fiduciary Bond (if required by the will or court)
Note: The Pleasants County Clerk typically handles probate matters by appointment.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs, beneficiaries, and creditors as required by state law.
- Publish notice in a newspaper of general circulation in Pleasants County, such as the St. Marys Oracle, for two successive weeks to notify creditors.
Step 4: Attend the Hearing
The County Clerk or a Fiduciary Commissioner will review the petition. If everything is in order, the Clerk will admit the will to probate and appoint the personal representative. In contested cases, a hearing before the County Commission may be required.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow the statutory claim period (typically 60 days from first publication) to pass.
- Inventory and appraise all estate assets within 90 days (Appraisement Form ET 6.01).
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Settlement with the County Clerk to close the estate.
Local Requirements
Pleasants County-Specific Procedures
- Appointments: The County Clerk's office generally requires appointments for opening new estates. Call (304) 684-7637 to schedule.
- Bond: A surety bond is usually required for administrators unless the will waives it or all beneficiaries agree to waive it (for intestate estates).
- Appraisement: The "Appraisement of the Estate" (Form ET 6.01) must be filed within 90 days of qualification.
- Publication: Notice to Creditors must be published in a local newspaper, typically the St. Marys Oracle.
Always check with the County Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Pleasants County)
- Recording Will: approximately $12.00 (varies by page count)
- Qualification of Representative: approximately $10.00 - $20.00
- Small Estate Affidavit: approximately $10.00 - $25.00
- Certified copies of Letters: approximately $2.50 - $5.00 per copy
- Publication costs: approximately $100 - $200 depending on the newspaper and length of notice
- Recording Appraisement: approximately $12.00 base fee
Note: Fees are subject to change. Contact the County Clerk for exact amounts.
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 30-60 days
- Average estates: 6-9 months (includes 60-day creditor period)
- Complex or contested estates: 12 months to 2 years
Factors affecting timeline include the creditor claim period, sale of real estate, and tax return processing.
Local Resources
Pleasants County Court Resources
- County Website: pleasantscountywv.gov
- Probate Information: County Clerk Page
- WV Probate Forms: West Virginia Judiciary 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
- St. Marys Oracle: (304) 684-2424 — Newspaper of general circulation for probate notices.