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.
Morgantown is in Monongalia County.
Probate in Monongalia County
Probate Court Record
Monongalia County Circuit Court
Monongalia County · Twenty-First Judicial Circuit
Phone
Hours
Monday-Friday 8:30 AM-noon and 1:00 PM-5:00 PM
Office
Monongalia County Justice Center, 75 High Street, Suite 12, Morgantown, WV 26505
Website
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
How to file probate in Monongalia County →
Verified October 15, 2026 · Source
Do I need a lawyer for probate in Monongalia County? →Settling an estate in Monongalia 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.
$12/month
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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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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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 Are Estate & Inheritance Taxes?
West Virginia levies no estate or inheritance taxNo state estate or inheritance tax. The West Virginia Estate Tax Act (W. Va. Code ch. 11, art. 11) is a pick-up tax keyed to the federal credit for state death taxes, and § 11-11-39 provides that the article "shall remain in force and effect until ... [t]he government of the United States ceases to allow credit against its estate tax for payment of state death taxes." Congress eliminated that credit for deaths on or after January 1, 2005 (EGTRRA 2001), so the tax computes to $0. West Virginia has no inheritance tax and no gift tax.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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What Taxes Apply to My Inheritance?
West Virginia imposes no inheritance or estate taxNo state estate or inheritance tax. The West Virginia Estate Tax Act (W. Va. Code ch. 11, art. 11) is a pick-up tax keyed to the federal credit for state death taxes, and § 11-11-39 provides that the article "shall remain in force and effect until ... [t]he government of the United States ceases to allow credit against its estate tax for payment of state death taxes." Congress eliminated that credit for deaths on or after January 1, 2005 (EGTRRA 2001), so the tax computes to $0. West Virginia has no inheritance tax and no gift tax.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
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How Does Step-Up in Basis Work?
Inherited assets in West Virginia take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesW. Va. Code § 11-21-4j ("Rate of tax — Taxable years beginning on and after January 1, 2026"); (a) covers individuals AND "every estate and trust"; (c) exempts non-grantor trusts administered by licensed private trust companiesVerified Sep 15, 2026View source.
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When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
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What Does Estate Planning Actually Cost?
An attorney-prepared revocable 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 and a simple will $861Estimate: 3 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,722Estimate: 6 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
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