Probate in Randolph County

Probate Court Record

Randolph County Circuit Court

Randolph County · Twenty-Fourth Judicial Circuit

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

Randolph County Courthouse, 2 Randolph Avenue, Elkins, WV 26241

Self-represented filing

Allowed

Self-help forms

How to file probate in Randolph County →

Verified October 15, 2026 · Source

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

Probate Firms Serving Randolph County

Serves Kanawha and Putnam counties and the surrounding region from Charleston. Assists administrators and executors with estate filings and asset distribution, litigates will contests and estate disputes, and petitions for guardianship and conservatorship of elderly family members. David R. Karr, Jr. is a former Jackson County prosecuting attorney.

Solo PracticeServes 13 countiesEstate PlanningProbateProbate LitigationConservatorshipGuardianship+2

Serves Kanawha County and clients statewide from Charleston. Guides executors and trustees through probating a will, notifying creditors and distributing assets, drafts wills, trusts and transfer-on-death deeds, and represents clients in will contests and fiduciary-duty disputes. Managing member Christopher J. Winton was appointed Chair of the West Virginia State Bar Probate Committee in 2019.

Since 1897Serves the whole stateEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+4

Serves Kanawha County from Charleston, with offices in Beckley and Lewisburg. Drafts wills and trusts, guides trustees and families through trust administration, and litigates will contests, trust contests, fiduciary-duty claims and probate and trust accountings. Represents both beneficiaries and fiduciaries in estate disputes.

Serves the whole stateFree consultationEstate PlanningTrust AdministrationProbateProbate LitigationTrust LitigationGuardianship

Serves Kanawha County from Charleston and assists with estate administration in counties throughout West Virginia. Represents clients in will contests, will construction litigation and breach of fiduciary duty claims, and handles federal estate tax planning for larger estates. Drafts wills, trusts and powers of attorney and plans business transfers to the next generation.

Serves the whole stateEstate PlanningProbateProbate LitigationTax Planning

Serves clients across West Virginia from its Huntington office. Handles probate and estate administration, will contests and beneficiary-rights disputes, along with wills, trusts and powers of attorney. Managing partner Leon K. Oxley is also a Certified Public Accountant and a member of the U.S. Tax Court bar.

Since 1954Serves the whole stateFree consultationEstate PlanningProbateProbate LitigationFamily LawPersonal Injury

Serves Cabell and Wayne counties from Huntington. Handles probate and estate administration, including the valuation and distribution of estate assets, and represents heirs, beneficiaries, executors and fiduciaries in West Virginia estates. Also prepares wills, trusts, powers of attorney and advance health care directives.

Serves the whole stateFree consultationEstate PlanningProbateGuardianshipFamily LawPersonal Injury

All 14 West Virginia probate firms serving Randolph 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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