Serves Kanawha County from Charleston, with West Virginia offices in Martinsburg, Morgantown and Parkersburg. Its Private Client Services lawyers advise executors and trustees through estate and trust administration, handle estate and gift tax matters, and represent fiduciaries and beneficiaries in will and trust contests. Founded in 1920.
Probate in Marion County
Probate Court Record
Marion County Circuit Court
Marion County · Twentieth Judicial Circuit
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
Marion County Courthouse, 219 Adams Street, Room 211, Fairmont, WV 26554
Website
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
How to file probate in Marion County →
Verified October 15, 2026 · Source
Do I need a lawyer for probate in Marion County? →Settling an estate in Marion County →
Asset Protection Firms Serving Marion County
Serves Monongalia County from Clay Street in Morgantown. Partner Joshua S. Rogers handles probate and litigates will contests, will and trust construction actions and probate disputes, and the firm's private client group advises executors and trustees on estate administration and estate tax. Rogers conducts the statewide probate training for West Virginia's fiduciary supervisors and county clerks.
Serves Monongalia County from Morgantown, with additional offices in Charleston and Wheeling. Guides executors and trustees through probate filings, trust administration and distribution, and represents fiduciaries and beneficiaries in will contests, trust disputes and breach of fiduciary duty claims. Counsel Richard R. Marsh focuses on trust and estate planning, administration and litigation.
Serves Monongalia County from Morgantown, with a second office in Charleston. Guides executors and trustees through probate, estate and trust administration and estate tax returns, and represents fiduciaries and beneficiaries in will contests and trust disputes. Formed by the merger of Gianola Barnum & Jecklin and Lewis Glasser.
Serves Hancock County from Weirton, with offices in Wheeling and Clarksburg. Handles estate administration and probate alongside elder law, including nursing-home Medicaid eligibility, special needs trusts and transfer-on-death deeds, and an accredited VA attorney assists veterans seeking long-term care benefits.
Serves Monongalia County from Morgantown, with a second office in Canonsburg, Pennsylvania, and practices estate planning and elder law only. Walks families through probate and helps successor trustees secure trust assets, pay taxes and make distributions after the grantor's death. Also handles long-term-care Medicaid and VA Improved Pension applications.
All 8 West Virginia asset protection firms serving Marion County →
Forms for Planning Your Estate in West Virginia
Free forms for planning your estate in West Virginia: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for West Virginia.
$12/month
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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Free
Pour-Over Will
In West Virginia, a pour-over will is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
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Free
Transfer on Death Deed
In West Virginia, a transfer on death deed is signed before a notaryW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source, then recorded with the county before the owner's deathW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source. West Virginia does not recognize a Lady Bird deed.
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Free
Last Will and Testament
In West Virginia, a will is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitW.Va. Code § 41-1-3Verified Oct 19, 2026View source.
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Tools for Planning Your Estate in West Virginia
Free tools for planning your estate in West Virginia: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for West Virginia.
Trust or Will: Which Costs Less?
In West Virginia, a will-based plan pays probate attorney fees of typically 1.6%Modeled estimate under W.Va. Code § 44-4-12 (attorney fees as reasonable expenses of the fiduciary, allowed by the fiduciary commissioner; no statutory schedule); § 44-3A-42(c) (fee vouchers); § 44-2-1(a) ($300 ceiling): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 2.6%Modeled estimate under W.Va. Code § 44-4-12 (attorney fees as reasonable expenses of the fiduciary, allowed by the fiduciary commissioner; no statutory schedule); § 44-3A-42(c) (fee vouchers); § 44-2-1(a) ($300 ceiling): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
Calculate Costs
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in West Virginia runs $2,870Estimate: 10 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,305Estimate: 15 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
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Do I Need a TOD Deed?
West Virginia authorizes transfer on death deedsW. Va. Code 36-12-1 to 36-12-17Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
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Are My Beneficiary Designations Protected?
West Virginia does not revoke an ex-spouse as beneficiary at divorceW. Va. Code § 41-1-6Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
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