Overview
Tucker County is located in West Virginia with a population of approximately 6,573. The Tucker County Commission (via the County Clerk's 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 § 44-1-1 et seq. The process begins with filing a Petition for Probate (often informal via the Clerk) 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 simplified Small Estate Affidavit procedure for estates where the personal probate assets do not exceed $50,000 and real estate does not exceed $100,000 (WV Code § 44-1A-1).
State law sets standard recording fees for probate documents (e.g., $12.00 for the first 5 pages), but total costs depend on the number of documents filed. Executors are generally entitled to a commission of 5% of the gross receipts, though this can vary.
This guide provides an informational overview of the Tucker 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
Tucker County Courthouse
Probate matters in Tucker County are handled at the Tucker County Courthouse (County Clerk's Office).
Address: 211 First Street, Suite 205, Parsons, WV 26287
Phone: (304) 478-2414 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The County Clerk's office serves as the probate court for most administrative matters. The County Commission oversees the process and resolves disputes.
Parking and Access
Street parking is generally available around the courthouse in downtown Parsons. 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 probate estate is valued at $50,000 or less and real estate is $100,000 or less, you may qualify for a simplified process.
- Non-Probate Transfers: Assets with named beneficiaries (life insurance, IRAs) or held in joint tenancy with rights of survivorship do not go through probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, visit the Tucker County Clerk's Office to file the necessary paperwork. You will typically need:
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- List of Heirs and Beneficiaries (names and addresses)
- Filing fees (cash, check, or money order)
- Identification (for the proposed Personal Representative)
West Virginia does not currently have a mandatory statewide e-filing system for probate; filings are typically done in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Tucker County (e.g., The Parsons Advocate) for two successive weeks.
Step 4: Appraisement and Inventory
The Personal Representative must file an Appraisement and Inventory (Form ET 6.01) with the County Clerk within 90 days of qualification. This document lists all probate and non-probate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and resolve valid claims (claims period is typically 60 days from first publication).
- Pay estate debts and taxes.
- Distribute assets to beneficiaries according to the will or state intestacy laws.
- File a Final Settlement with the County Clerk to close the estate.
Local Requirements
Tucker County-Specific Procedures
- In-Person Appointments: It is recommended to call the County Clerk's office at (304) 478-2414 to schedule an appointment for opening an estate.
- Fiduciary Commissioner: For complex or contested estates, the County Commission may refer the matter to a Fiduciary Commissioner for oversight.
- Publication: Notice to creditors is typically published in The Parsons Advocate.
- Bond: A surety bond may be required for the Personal Representative unless waived in the will or by all beneficiaries.
Always check with the Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Tucker County)
- Recording Will: approximately $12.00 (first 5 pages)
- Qualification of Representative: approximately $10.00 - $20.00
- Recording List of Heirs: approximately $12.00
- Small Estate Affidavit: approximately $10.00 - $15.00
- Publication costs: approximately $100 - $150 (payable to the newspaper)
Note: Fees are set by state statute but total costs vary based on document length.
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee; verify before visiting.
Estimated Timelines
- Simple estates: 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 generally 60 days from the date of first publication.
Local Resources
Tucker County Court Resources
- County Clerk Website: tuckercountycommission.com
- Probate Forms: courtswv.gov
- West Virginia 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
- The Parsons Advocate: (304) 478-3533 — parsonsadvocate.com