Overview
Preston County is located in West Virginia with a population of approximately 34,200. The Preston 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 (if there is a will) or a Petition for Appointment of Administrator (if there is no will) 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.
Small Estate Procedures: West Virginia offers a simplified "Small Estate Affidavit" procedure for estates where the personal probate assets are valued at $50,000 or less.
* Important 2025 Update: As of July 2025, the Small Estate Affidavit cannot be used to transfer real estate. If the decedent owned any interest in real property, full probate administration is typically required regardless of the estate's total value.
Fees: West Virginia fiduciaries are generally entitled to a commission (often 5% of receipts) as compensation, though this can vary by will or court approval.
This guide provides an informational overview of the Preston 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
Preston County Clerk
Probate matters in Preston County are handled at the Preston County Courthouse.
Address: 106 W. Main Street, Suite 103, Kingwood, WV 26537
Phone: (304) 329-0070 (Probate Department)
Hours: Monday: 8:30 AM to 5:30 PM; Tuesday through Friday: 8:30 AM to 4:30 PM
The County Clerk's office is located on the first floor of the courthouse. It is recommended to call ahead to schedule an appointment for opening an estate to ensure a clerk is available to assist you.
Parking and Access
Street parking is available around the courthouse square in downtown Kingwood. There are also public parking lots nearby. The building is accessible, with security screening at the main entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: Available if personal probate assets are $50,000 or less AND the decedent owned no real estate.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the survivor.
- Beneficiary Designations: Life insurance, IRAs, and POD accounts with named beneficiaries generally avoid probate.
Step 2: File the Petition
If formal probate is needed, file the appropriate petition with the Preston County Clerk. You will typically need:
- Original Will (if one exists)
- Certified Death Certificate
- List of Heirs and Beneficiaries (names and addresses)
- Estimated value of the estate (for bond purposes)
- Filing fee (typically $45–$65 to open)
Note: West Virginia does not currently offer a mandatory statewide e-filing system for initial probate petitions in all counties; in-person filing is standard in Preston County.
Step 3: Provide Notice
After appointment, the personal representative must:
- Mail notice to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a local newspaper (e.g., Preston County News & Journal or The Dominion Post). The Clerk usually handles the arrangement of this publication, which must run once a week for two successive weeks.
Step 4: Administration and Timelines
- Creditor Claims: Creditors have 60 days from the date of the first publication to file claims against the estate.
- Inventory: An "Appraisement of the Estate" (Form ET 6.01) must be filed with the Clerk within 90 days of qualification.
- Taxes: File final personal income taxes and any required estate tax returns (West Virginia has no state estate tax).
Step 5: Closing the Estate
After the creditor period expires and all debts/taxes are paid:
- Distribute remaining assets to beneficiaries.
- File a Final Settlement or a Waiver of Final Settlement (if all beneficiaries agree) with the County Clerk to close the estate.
Local Requirements
Preston County-Specific Procedures
- Appointments: The Preston County Clerk strongly encourages calling (304) 329-0070 to make an appointment for probate matters.
- Bond: A fiduciary bond is generally required unless the will explicitly waives it or all beneficiaries agree to waive it (and there are no debts).
- Publication: The Clerk's office typically forwards the Notice of Administration to the newspaper. You will pay the publication fee as part of your court costs or directly to the newspaper.
- Real Estate: If the estate includes real property, you must record the will (if any) and the Appraisement form in the County Clerk's record room to establish the chain of title.
Timeline & Fees
Filing Fees (Preston County)
- Opening an Estate: Approximately $45.00 – $65.00 (varies based on will length and number of certificates).
- Recording Will/Appraisement: $1.50 for the first two pages, $1.00 for each additional page.
- Certified Copies: Approximately $2.50 per copy ($1.50 + $1.00 certification).
- Publication Costs: Approximately $100 – $150 (paid to the newspaper).
Note: Fees are subject to change. Bring cash, check, or money order.
Estimated Timelines
- Small Estate (Affidavit): 30–60 days (waiting period may apply).
- Simple Formal Estate: 6–9 months (includes 60-day creditor period).
- Complex Estate: 12 months or longer (if real estate must be sold or claims are contested).
Local Resources
Preston County Court Resources
- County Clerk Website: prestoncountyclerkwv.com
- WV Probate Forms: courtswv.gov
- WV State Code: wvlegislature.gov
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
- Preston County News & Journal: (304) 329-0090 — Local newspaper of record.
- The Dominion Post: (304) 292-6301 — Regional newspaper covering the area.