Overview
Summers County is located in West Virginia with a population of approximately 11,600. The Summers 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 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 probate assets are valued at $50,000 or less, and real estate is valued at $100,000 or less.
Executors and administrators are generally entitled to a commission of 5% of the personal probate estate, though this can vary based on the will or court approval.
This guide provides an informational overview of the Summers 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
Summers County Clerk
Probate matters in Summers County are handled at the Summers County Courthouse.
Address: 120 Ballengee Street, Suite 106, Hinton, WV 25951
Phone: (304) 466-7104 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The County Clerk's office is located in the historic courthouse in downtown Hinton, near the New River.
Parking and Access
Street parking is available around the courthouse square. 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 the personal estate is valued at $50,000 or less (and real estate under $100,000), you may qualify for a simplified process.
- Summary Settlement: For estates where the personal representative is the sole beneficiary or all debts are paid.
- 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 Summers County Clerk. Include:
- Original Will (if applicable)
- Certified Death Certificate
- List of Heirs and Beneficiaries
- Filing fee (approximately $15-$50 depending on page count)
- Appraisement Form (ET 6.01 or 6.02)
E-filing is generally not available for initial probate petitions; you must 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 Summers County (e.g., Hinton News) for two successive weeks.
Step 4: Attend the Hearing
The clerk will review the petition. If the will is solemn form or there are disputes, a hearing may be scheduled. For most routine administrative appointments, the clerk can issue Letters Testamentary or Letters of Administration upon qualification.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — creditors have 60 days to file claims after the first publication of notice.
- Inventory and appraise all estate assets within 90 days using the Appraisement form.
- 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
Summers County-Specific Procedures
- Fiduciary Commissioner: Estates with disputes or complex debts may be referred to a Fiduciary Commissioner for oversight.
- Bond requirements: Bond is required for administrators unless waived by all heirs; executors generally need bond unless waived in the will. Corporate surety may be required.
- Appraisement: The Appraisement of the Estate (Form 6.01 or 6.02) must be recorded within 90 days of qualification.
- Publication: Notice must be published in a newspaper of general circulation in Summers County for two successive weeks.
Consult the County Clerk for specific local forms and procedural nuances.
Timeline & Fees
Filing Fees (Summers County)
- Probate Petition: approximately $10-$20
- Recording Fee: $12 for the first 5 pages, $1 per additional page
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $50-$100 depending on the newspaper
- Appraisement Recording: $12 (standard recording fee)
Executor commission is typically 5% of the personal probate estate.
Payment Methods
The court accepts cash, check, or money order. Credit cards may not be accepted for all fees.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 1 year or more
The creditor claim period is 60 days from the first date of publication, which sets the minimum timeline for closing an estate.
Local Resources
Summers County Court Resources
- Court Website: summerscountywv.gov
- Probate Self-Help: WV Judiciary Probate Info
- West Virginia Probate Forms: WV 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 — Civil Legal Aid
- WV Lawyer Referral Service: wvlawyerreferral.org
Publication
- Hinton News: (304) 466-0005 — General Circulation
- The Register-Herald: (304) 255-4400 — Regional Coverage