Probate in Marshall County

Probate Court Record

Marshall County Circuit Court

Marshall County · Second Judicial Circuit

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

Marshall County Courthouse, 600 Seventh Street, Moundsville, WV 26041

Filing in person

Appointment required

Self-represented filing

Allowed

Self-help forms

How to file probate in Marshall County →

Verified October 15, 2026 · Source

Do I need a lawyer for probate in Marshall County? →Settling an estate in Marshall County →

Probate Firms Serving Marshall County

Serves Ohio, Brooke, Marshall, Wetzel and Tyler counties from National Road in Wheeling. Frank A. Jackson settles decedents' estates and drafts wills, testamentary, living, insurance and charitable trusts, and medical and financial powers of attorney, and also forms and operates charitable organizations.

Solo PracticeServes 5 countiesEstate PlanningProbateReal Estate

Serves Ohio County from Main Street in Wheeling and practices across Hancock, Brooke, Marshall, Wetzel, Tyler, Monongalia and Harrison counties. Guides executors and administrators through West Virginia probate, from filing the will and appointment through inventory, debts and distribution, and handles will contests, executor disputes and trust litigation. Founded in Wheeling in 1925.

Since 1925Serves 8 countiesFree consultationEstate PlanningProbateProbate LitigationTrust LitigationTax Planning+2

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.

Since 1991Estate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+3

Serves Hancock County from Weirton, with offices in Chester and Wheeling. Litigates contested wills and trusts, claims against estates, breach-of-fiduciary-duty claims and guardianship disputes, and sets up estate plans that account for Medicaid and business succession. In practice since 1967.

Since 1967Free consultationEstate PlanningProbateProbate LitigationTrust LitigationGuardianship+2

Serves northern West Virginia and east central Ohio from Fourteenth Street in Wheeling. Handles probate and estate administration, trust administration and contested estates, with trial lawyers who take disputes in the administration or probate process to court, alongside wills, trusts and powers of attorney.

Estate PlanningTrust AdministrationProbateProbate LitigationOil Gas LawReal Estate

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.

Free consultationEstate PlanningProbateElder LawSpecial Needs PlanningAsset ProtectionMedicaid Planning

All 17 West Virginia probate firms serving Marshall County →

Forms for Planning and Settling an Estate in West Virginia

Free West Virginia forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for West Virginia.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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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 and Settling an Estate in West Virginia

Free calculators and checklists to plan or settle an estate in West Virginia: will and trust costs, probate, executor pay and taxes. Run each tool.

How Much Does Probate Cost?

Probate on a $500,000 estate in West Virginia costs an estimated $30,331W.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)Verified Sep 9, 2026View source. Attorney fees run 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 under a reasonable-compensation standard.

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How Do I Settle an Estate?

Settling an estate in West Virginia: the personal representative files the estate inventory within 90 daysW. Va. Code § 44-1-14Verified Sep 15, 2026View source of appointment; creditors have 2 monthsW. Va. Code §§ 44-1-14a, 44-2-4, 44-2-21, 44-2-26Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.

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How Much Can an Executor Charge?

West Virginia sets executor compensation by statute — about $20,000 on a $500,000 estate, roughly 4.0%W.Va. Code § 44-4-12a(a) (5% first $100K, 4% to $400K, 3% to $800K, 2% above $800K, on personal estate and real estate sold); §§ 44-4-12a(b) (unsold real estate 1%), 44-4-12a(d), 44-4-12a(f)Verified Sep 9, 2026View source.

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Do I Need Probate?

In West Virginia, estates with personal property of $50,000W.Va. Code § 44-1A-2Verified Sep 9, 2026View source or less use the Small Estate AffidavitW.Va. Code § 44-1A-2Verified Sep 9, 2026View source, 60 daysW.Va. Code § 44-1A-2Verified Sep 9, 2026View source after death, a court filing short of full probate.

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What Are the Creditor Claim Deadlines?

In West Virginia, the 2 monthsW.Va. Code § 44-1-14a(a)(7) (sixty days from the date of first publication); § 44-3A-4(b) (the same sixty days in fiduciary-supervisor counties)Verified Sep 9, 2026View source period after first publication of the creditor notice protects a representative who distributes after it; late claims can still reach undistributed assets.

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Can I Self-File Probate?

West Virginia has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableW.Va. Code § 44-12-1 (clerk of the county commission admits wills and qualifies executors and administrators in vacation, ex parte); § 44-1-4(a) (the county commission or its clerk during recess)Verified Sep 9, 2026View source.

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