Overview
Taylor County is located in West Virginia with a population of approximately 16,705. The Taylor County Commission (administered by 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 (for testate estates) or Application for Appointment of Administrator (for intestate estates) 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 (W. Va. Code § 44-1A-1). This simplified process allows successors to collect assets without full probate administration.
Filing fees in Taylor County typically range from $45.00 to $65.00 to open an estate, depending on the length of the will and the number of documents recorded. West Virginia law also establishes a commission schedule for executors/administrators, typically starting at 5% of the personal probate estate.
This guide provides an informational overview of the Taylor 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
Taylor County Clerk
Probate matters in Taylor County are handled at the Taylor County Clerk's Office.
Address: 128 West Main St., Annex 2, Grafton, WV 26354
Phone: (304) 265-1401 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The County Clerk's office is responsible for recording wills, appointing fiduciaries, and overseeing the administration of estates. The office is located in the county annex building near the main courthouse.
Parking and Access
Street parking is available around the courthouse and annex buildings in downtown Grafton. Visitors should be prepared for security screening when entering county buildings.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the personal probate assets are $50,000 or less and real estate is $100,000 or less, you may qualify for a simplified affidavit process.
- Joint Tenancy/Survivorship: Assets held jointly 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 the appropriate petition with the Taylor County Clerk. Include:
- Original Will (if applicable)
- Certified Death Certificate
- List of heirs and beneficiaries with addresses
- Filing fee (approximately $45-$65)
- Valid photo ID of the personal representative
Step 3: Provide Notice
After filing and appointment, the estate must:
- Publish notice to creditors and beneficiaries in a local newspaper (e.g., The Mountain Statesman) as a Class II legal advertisement (once a week for two successive weeks).
- Mail notice to known creditors and beneficiaries as required by state law.
Step 4: Appraisement and Inventory
Within 90 days of appointment, the personal representative must file an Appraisement and Inventory (Form ET 6.01) with the County Clerk, listing all probate and non-probate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Resolve creditor claims (the claim period is typically 60 days from the date of first publication)
- Pay valid debts and taxes
- Distribute assets to beneficiaries
- File a Final Settlement with the County Clerk to close the estate
Local Requirements
Taylor County-Specific Procedures
- Appointment: It is recommended to call the County Clerk's office at (304) 265-1401 to schedule an appointment for opening an estate.
- Fiduciary Commissioner: For complex estates or those with disputes, the County Commission may refer the matter to a Fiduciary Commissioner for oversight.
- Bond: A surety bond may be required for administrators (intestate) or executors (testate) unless waived in the will.
- Publication: Legal notices are typically published in The Mountain Statesman.
Always check with the Taylor County Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Taylor County)
- Opening an Estate: approximately $45.00 - $65.00 (varies by document length)
- Recording Will: included in opening fee (additional pages may incur costs)
- Certified Copies: approximately $2.50 - $5.00 per copy
- Publication costs: approximately $75.00 - $150.00 (paid directly to newspaper)
Note: Fees are subject to change. Contact the Clerk's office for exact amounts.
Payment Methods
The Taylor County Clerk typically accepts cash, checks, or money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Small Estates: 30-60 days
- Simple Estates: 6-9 months
- Complex Estates: 12 months or longer
The creditor claim period is 60 days from the first date of publication. The estate generally cannot be closed until this period expires and all claims are resolved.
Local Resources
Taylor County Court Resources
- County Clerk Website: taylorcountywvclerk.com
- Probate Info: Probate/Estate Administration
- 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
- The Mountain Statesman: (304) 265-3333 — wvnews.com/mountainstatesman