Overview
Putnam County is located in West Virginia with a population of approximately 57,067. The Putnam County Commission (Fiduciary 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 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 Small Estate Affidavit procedure for estates where personal probate assets do not exceed $50,000 and real estate does not exceed $100,000. This simplified process allows for the transfer of assets without full probate administration.
Executors and administrators in West Virginia are entitled to a commission based on the estate's value: 5% on the first $100,000, 4% on the next $300,000, 3% on the next $400,000, and 2% on amounts above $800,000.
This guide provides an informational overview of the Putnam 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
Putnam County Commission (Fiduciary Office)
Probate matters in Putnam County are handled at the Putnam County Judicial Building.
Address: 12093 Winfield Rd. Suite 3, Winfield, WV 25213
Phone: (304) 586-0202 (Probate/Fiduciary Department)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate/Fiduciary office is part of the County Clerk's office. It is located in the Judicial Building.
Parking and Access
Public parking is available at the Judicial Building. Visitors must pass through security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If personal probate assets are $50,000 or less and real estate is $100,000 or less, you may qualify for this simplified procedure.
- Joint Tenancy/Survivorship: Assets held with rights of survivorship pass directly to the co-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 Putnam County Commission. Include:
- Original Will (if applicable)
- Certified death certificate
- List of heirs and beneficiaries with addresses
- Filing fee (approximately $25-$125 based on estate value)
- Valid photo ID of the personal representative
Step 3: Provide Notice
After filing, the Clerk will:
- Publish notice to creditors and beneficiaries in a newspaper of general circulation (e.g., The Putnam Standard) once a week for two successive weeks.
- The creditor claim period expires 60 days after the date of the first publication.
Step 4: Inventory and Appraisement
Within 90 days of qualification, the personal representative must file an Appraisement and Nonprobate Inventory (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:
- Pay valid creditor claims after the 60-day claim period expires
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Settlement with the Fiduciary Supervisor to close the estate
Local Requirements
Putnam County-Specific Procedures
- Appointment: Probate appointments are typically handled by the County Clerk's Fiduciary Office. Appointments may require an appointment in advance.
- Bond: A surety bond is generally required for administrators (intestate) and for executors unless waived in the will.
- Publication: Notice to creditors is published in The Putnam Standard or Charleston Gazette-Mail.
- Fiduciary Commissioner: Complex estates or those with disputes may be referred to a Fiduciary Commissioner for oversight.
Always check with the Putnam County Clerk's Fiduciary Office for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Putnam County)
- Probate Appointment/Petition: approximately $25 to $125 (varies by estate value)
- Recording Fee: approximately $24 (varies by document length)
- Small Estate Affidavit: approximately $25 to $50
- Publication costs: approximately $50-$100 (paid directly to newspaper)
- Certified copies: approximately $5 per copy
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with 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 60-day creditor claim period and the 90-day inventory deadline are key statutory timelines that affect the minimum duration.
Local Resources
Putnam County Court Resources
- Court Website: putnamcountywv.gov
- Probate Info: Putnam County Probate
- WV Probate Forms: West Virginia 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 — legalaidwv.org
Publication
- The Putnam Standard: (304) 743-6731 — Local legal notices
- Charleston Gazette-Mail: (304) 348-5140 — Regional circulation