Overview
Wood County is located in West Virginia with a population of approximately 82,757. The Wood County Commission (via the County Clerk's Probate Division) 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 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 procedure for small estates. If the personal probate assets are valued at $50,000 or less (excluding real estate) and real estate is valued at $100,000 or less, heirs may file a Small Estate Affidavit to bypass full probate administration.
State law sets statutory executor commissions based on the estate value: 5% on the first $100,000, 4% on the next $300,000, 3% on the next $400,000, and 2% on amounts above $800,000.
This guide provides an informational overview of the Wood 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
Wood County Courthouse
Probate matters in Wood County are handled at the Wood County Courthouse.
Address: 1 Court Square, Parkersburg, WV 26101
Phone: (304) 424-1850 (County Clerk) or (304) 424-1898 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Office is located on the 3rd floor, Room 306. The County Clerk's main office is on the 2nd floor, Room 201.
Parking and Access
Public parking is available in the lot adjacent to the courthouse and along surrounding streets. Visitors must pass through security screening at the main entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If personal assets are $50,000 or less and real estate is $100,000 or less, you may file a Small Estate Affidavit.
- 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, file a Petition for Probate with the Wood County Clerk. Include:
- Original Will (if applicable)
- Certified Death Certificate
- List of heirs and beneficiaries with addresses
- Filing fee (approximately $12.00 base fee plus page costs)
- Fiduciary Bond (if required by the will or court)
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Wood County (e.g., The Parkersburg News and Sentinel) to alert creditors. The notice is typically published for two successive weeks.
Step 4: Appraisement
Within 90 days of qualification, the personal representative must file an Appraisement of the Estate (Form ET 6.01) listing 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 typically 60 days from first publication)
- Inventory and safeguard estate assets
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Settlement with the County Commission to close the estate
Local Requirements
Wood County-Specific Procedures
- Appointment: Probate appointments are generally handled by the County Clerk or a Fiduciary Supervisor.
- Fiduciary Commissioner: Complex estates or those with disputes may be referred to a Fiduciary Commissioner for oversight.
- Bond: A corporate surety bond is typically required unless the will explicitly waives it or all beneficiaries agree to waive it (and there are no debts).
- Publication: Notice to Creditors must be published in a local newspaper, such as The Parkersburg News and Sentinel.
Verify all local rules with the Wood County Clerk's Probate Division before filing.
Timeline & Fees
Filing Fees (Wood County)
- Probate Opening/Recording Will: Approximately $12.00 for the first 5 pages, plus $1.00 per additional page
- Small Estate Affidavit: Approximately $10.00 - $12.00 recording fee
- Certified Copies: $1.50 for the first 2 pages, $1.00 for each additional page
- Publication costs: Approximately $100 - $150 (paid directly to the newspaper)
- Appraisement Filing: $10.00 - $12.00
Note: Fees are subject to change. Contact the County Clerk at (304) 424-1850 for the most current schedule.
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 first publication. The estate generally cannot be closed until this period expires and all claims are resolved.
Local Resources
Wood County Court Resources
- County Clerk Website: woodcountywv.com
- Probate Division: woodcountywv.com/probate
- WV Judiciary Forms: courtswv.gov
Legal Aid and Attorney Referrals
- West Virginia State Bar: (304) 553-7220 — wvbar.org
- Legal Aid of West Virginia: (304) 485-7522 — legalaidwv.org
Publication
- The Parkersburg News and Sentinel: (304) 485-1891 — newsandsentinel.com