Overview
Tyler County is located in West Virginia with a population of approximately 8,313. The Tyler 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 Chapter 44. The process begins with filing a Petition for Probate (often handled informally at the Clerk's desk) 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 assets are valued at $50,000 or less and real estate is valued at $100,000 or less. This simplified process allows heirs to bypass full probate administration.
Filing fees in Tyler County typically range from $50 to $70 to open an estate, with additional costs for recording documents and publishing notices. West Virginia sets executor commissions based on a percentage of the estate value (typically 5% on the first $100,000).
This guide provides an informational overview of the Tyler 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
Tyler County Clerk
Probate matters in Tyler County are handled at the Tyler County Clerk's Office.
Address: 350 Park Avenue, Middlebourne, WV 26149
Mailing Address: P.O. Box 66, Middlebourne, WV 26149
Phone: (304) 758-2102 Ext. 3 (County Clerk)
Probate Appointments: (304) 758-4104
Hours: Monday through Friday, 8:00 AM to 4:00 PM (Please arrive no later than 3:00 PM to open an estate)
The County Clerk's office is located at 350 Park Avenue in Middlebourne. The Clerk serves as the probate court for uncontested matters. Contested matters may be referred to a Fiduciary Commissioner or the Circuit Court.
Parking and Access
Street parking is generally available around the courthouse area in Middlebourne. 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: Available if personal assets are $50,000 or less and real estate is $100,000 or less.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the survivor.
- Beneficiary Designations: Assets with named beneficiaries (POD/TOD accounts, life insurance) generally bypass probate.
Step 2: File the Petition
If formal probate is needed, visit the Tyler County Clerk to file the necessary paperwork. You will generally need:
- Original Will (if one exists)
- Certified Death Certificate
- List of heirs and beneficiaries (names and addresses)
- Estimated value of the estate
- Filing fee (approximately $50-$70)
Step 3: Provide Notice
After the personal representative is appointed:
- Publish Notice: The Clerk will arrange for a Notice of Administration to be published in a local newspaper (e.g., Tyler Star News) for two successive weeks.
- Mail Notice: You must mail a copy of the notice to all known creditors and beneficiaries.
Step 4: Appraisement and Inventory
Within 90 days of qualification, the personal representative must file an Estate Appraisement and Nonprobate Inventory (Form ET 6.01 & 6.02) with the County Clerk. This form lists all probate and non-probate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Wait for the creditor claim period to expire (60 days after first publication)
- Pay valid debts, funeral expenses, and taxes
- Distribute remaining assets to beneficiaries
- File a Final Settlement with the County Clerk to close the estate
Local Requirements
Tyler County-Specific Procedures
- Fiduciary Commissioner: If the estate is complex or contested, it may be referred to a Fiduciary Commissioner for oversight.
- Bond: A surety bond is generally required for administrators (intestate) and executors (unless waived in the will).
- Publication: Notices are typically published in the Tyler Star News.
- Settlement: A final settlement is required unless a waiver is signed by all beneficiaries (Short Form Settlement).
Timeline & Fees
Filing Fees (Tyler County)
- Opening an Estate: approximately $50-$70
- Recording Will: approximately $11.00 (varies by page count)
- Recording Appraisement: approximately $11.00 (varies by page count)
- Publication costs: approximately $50-$100 (payable to the newspaper)
- Certified Copies: approximately $2.50 per copy
Payment Methods
The court accepts cash, checks, and money orders. Credit 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 creditor claim period is 60 days from the date of the first publication of the notice.
Local Resources
Tyler County Court Resources
- County Website: tylercountywv.com
- Estate Forms (Tyler County): tylercountywv.com/wp-content/uploads/2019/09/ESTATE-APPRAISMENT-AND-NONPROBATE-INVENTORY.pdf
- Legal Aid of WV: legalaidwv.org
Legal Aid and Attorney Referrals
- West Virginia State Bar: (304) 553-7220 — Lawyer Referral Service
- Legal Aid of West Virginia: (866) 255-4370 — Provides legal assistance to eligible low-income residents
Publication
- Tyler Star News: (304) 652-4141 — Newspaper of general circulation for probate notices