Where do I file for probate in Upshur County?

File with the Upshur County Clerk at the Courthouse: 40 West Main Street, Buckhannon, WV 26201. Call (304) 472-1068 for current hours and procedures.

How much does probate cost in Upshur County?

Costs include qualification fees (approximately $16), notice of administration ($20), bond ($11 if required), recording fees ($11+), and publication costs ($50-$100). Total initial costs are generally under $100 for simple estates.

Can I avoid probate in Upshur County with a small estate?

Yes. If the personal estate is $50,000 or less and real estate is $100,000 or less, you can file a Small Estate Affidavit to avoid full probate administration.

How long does probate take in Upshur County?

Simple estates typically take 6-9 months. The creditor claim period is 60 days from the first publication of notice. Complex estates may take 12 months or longer.

Do I need an attorney for probate in Upshur County?

West Virginia does not require an attorney for probate, but it is often recommended, especially for estates involving real estate or potential disputes. The County Clerk cannot provide legal advice. Contact Legal Aid of West Virginia at (866) 255-4370 for assistance.

What is the role of the Fiduciary Supervisor in Upshur County?

The Fiduciary Supervisor oversees estate administration, reviews the personal representative's actions, and helps ensure the estate is properly managed. The County Clerk's office can provide information about the Fiduciary Supervisor upon qualification.

What newspapers are used for probate notices in Upshur County?

The Record Delta, published in Buckhannon three times per week, is the primary newspaper of general circulation used for legal notices, including creditor notifications.

Upshur County Probate Guide: Courts, Fees & Process (2026)

Overview

Upshur County is located in central West Virginia with a population of approximately 23,650. The Upshur 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 Chapters 41-44. The process begins with filing a Petition for Probate (often accompanied by the original will) 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. The Fiduciary Supervisor oversees the administration of estates.

West Virginia offers a simplified procedure for small estates. If the personal estate is valued at $50,000 or less (excluding real estate) and the total value of real estate is $100,000 or less, an Affidavit for Small Estate may be filed to bypass full probate administration.

West Virginia law sets executor commissions based on a percentage of the estate assets (typically 5% on the first $100,000, 4% on the next $300,000, etc.) unless the will specifies otherwise.

This guide provides an informational overview of the Upshur 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

Upshur County Courthouse

Probate matters in Upshur County are handled at the Upshur County Courthouse in Buckhannon.

Address: 40 West Main Street, Buckhannon, WV 26201

Phone: (304) 472-1068 (County Clerk/Probate)

Circuit Clerk: Brian P. Gaudet — (304) 472-2370 (Upshur County Court House Annex, Room 304, 38 West Main Street)

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 probate process. The Circuit Clerk, located in the adjacent Annex building, handles civil case filings and court records. Buckhannon is the county seat.

Parking and Access

Free public parking is available on Main Street and in nearby public lots. The courthouse is located in the center of downtown Buckhannon. Visitors should be prepared for security screening upon entry.

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 is $100,000 or less, you may qualify for a simplified affidavit process.
Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the survivor.
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 Upshur County Clerk. Include:

Original Will (if applicable)
Certified Death Certificate
List of heirs and beneficiaries with addresses
Estimated value of the estate
Filing fee (typically based on recording and qualification fees)

Step 3: Provide Notice

After filing, you must:

Mail notice to all heirs, beneficiaries, and creditors.
Publish notice in a newspaper of general circulation in Upshur County (e.g., the Record Delta) to alert creditors. The notice is typically published for two successive weeks.

Step 4: Appraisement and Inventory

The personal representative must file an Appraisement and Nonprobate Inventory (Form ET 6.01) with the County Clerk within 90 days of qualification. This form 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 (creditor period is generally 60 days from first publication).
Pay estate debts and taxes.
Distribute remaining assets to beneficiaries.
File a Final Settlement with the County Clerk to close the estate.

Local Requirements

Upshur County-Specific Procedures

Fiduciary Supervisor: The Fiduciary Supervisor oversees estate administration and may be required for larger or contested estates.
Bond Requirements: A corporate surety bond is typically required for administrators (intestate) and executors (testate) unless the will explicitly waives it.
Publication: Notice to Creditors must be published in a local newspaper. The Record Delta is the primary newspaper of general circulation in Upshur County.
Recording Fees: Be prepared to pay recording fees for every document filed (e.g., Will, Appraisement, Settlement).
Payment Methods: All payments to the Circuit Clerk must be made in cash, money order, or by Visa/Mastercard.

Always check with the County Clerk's office for the most current local rules and forms.

Timeline & Fees

Filing Fees (Upshur County)

Qualification of Personal Representative: Approximately $16.00
Notice of Administration: Approximately $20.00
Bond (if required): Approximately $11.00
Recording Will/Documents: Approximately $11.00 for the first 5 pages, with additional per-page fees
Appraisement Filing: Approximately $11.00
Final Settlement: Approximately $11.00
Certificate of Acting: Approximately $2.50 per copy
Publication Costs: Approximately $50-$100 depending on the length of the notice

Note: Fees are subject to change. Contact the County Clerk at (304) 472-1068 for a precise estimate.

Payment Methods

The court accepts cash, checks, and money orders. The Circuit Clerk also accepts Visa and Mastercard.

Estimated Timelines

Small Estates: 30-60 days (after filing affidavit).
Simple Estates: 6-9 months (minimum 60-day creditor period).
Complex Estates: 12 months or longer (if federal estate tax return is required or disputes arise).

Local Resources

Upshur County Court Resources

County Website: upshurcounty.org
County Clerk: upshurcounty.org/departments/county_clerk
Circuit Clerk: upshurcounty.org/departments/circuit_clerk
WV Judiciary Forms: courtswv.gov/court-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

Record Delta: Buckhannon, WV — Published Monday, Wednesday, and Friday. Contact for legal notice rates.
My Buckhannon: mybuckhannon.com — Local news source

Probate in Upshur County, West Virginia: 2026 Guide