Overview
Randolph County is located in West Virginia with a population of approximately 27,932. The Randolph 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 West Virginia Code § 44-1-1 et seq. The process begins with filing a Petition for Probate of Will (or Application 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 the personal property is valued at $50,000 or less, or real estate is valued at $100,000 or less, provided no other probate is required.
Filing fees in Randolph County typically include a $61.00 fee for the Notice of Probate, plus recording fees of $24.00 for the first page and $3.00 for each additional page for documents like the Will and Appraisement.
This guide provides an informational overview of the Randolph 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
Randolph County Clerk
Probate matters in Randolph County are handled at the Randolph County Courthouse.
Address: 2 Randolph Avenue, Elkins, WV 26241
Phone: (304) 636-0543 (County Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The County Clerk's office is located in the historic Randolph County Courthouse in downtown Elkins. The Clerk serves as the probate registrar for the county.
Parking and Access
Street parking is available around the courthouse square and in nearby municipal lots. Security screening is required upon entry to the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists of personal property valued at $50,000 or less, or real estate valued at $100,000 or less (and no other probate is required).
- Ancillary Administration: For non-residents who owned property in Randolph County.
- 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 Randolph County Clerk. Include:
- Original Will (if applicable)
- Certified Death Certificate
- List of Heirs and Beneficiaries
- Applicable filing fees (approx. $61 for notice + recording fees)
- Fiduciary Bond (if required)
E-filing is generally not available for initial probate petitions; file in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the administration to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Randolph County (e.g., The Inter-Mountain) once a week for two successive weeks.
Step 4: Attend the Hearing
The Clerk typically appoints the personal representative immediately upon qualification if the petition is in order. If there is a dispute, a hearing may be scheduled before the County Commission or a Fiduciary Commissioner.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish Notice of Administration (creditors have 60 days to file claims)
- Inventory and appraise all estate assets within 90 days (Form ET 6.01)
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Randolph County-Specific Procedures
- Fiduciary Commissioner: Complex estates or those with disputes may be referred to a Fiduciary Commissioner for oversight.
- Bond: Corporate surety bond is typically required for administrators, unless waived in the will for executors.
- Settlement: Final settlement is due after the creditor period expires and all debts/taxes are paid.
- Publication: Notice must be published in a newspaper of general circulation in Randolph County for two successive weeks.
The County Clerk's office assists with the initial intake, but legal advice cannot be provided by court staff.
Timeline & Fees
Filing Fees (Randolph County)
- Notice of Probate: approximately $61.00
- Recording Will/Appraisement: approximately $24.00 for first page + $3.00/additional page
- Certified copies of Letters: approximately $1.50 + $1.00 certification per copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Appointment of Fiduciary: varies based on estate value
West Virginia law provides for reasonable compensation for personal representatives, typically based on a commission of the estate value.
Payment Methods
The court accepts cash, credit cards, or money orders. A convenience fee may apply for card payments.
Estimated Timelines
- Simple estates (no disputes, limited assets): 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 first publication.
Local Resources
Randolph County Court Resources
- Court Website: randolphctywv.gov
- Probate Self-Help: WV Judiciary Probate Info
- West Virginia Probate Forms: Court Forms
Legal Aid and Attorney Referrals
- West Virginia State Bar: (304) 553-7220 — Lawyer Referral Service
- Legal Aid of West Virginia: (866) 255-4370 — Low-income legal assistance
- State Bar Lawyer Referral: wvbar.org
Publication
- The Inter-Mountain: (304) 636-2121 — Newspaper of general circulation in Randolph County