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.
Probate in Randolph County
Probate Court Record
Randolph County Circuit Court
Randolph County · Twenty-Fourth Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
Randolph County Courthouse, 2 Randolph Avenue, Elkins, WV 26241
Website
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 →
Trust Administration Firms Serving Randolph County
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 clients across West Virginia from Bland Street in Bluefield. Prepares wills, living and testamentary trusts and powers of attorney, handles trust and estate administration and estate tax planning, and brings guardianship and conservatorship matters. The firm's elder-law work covers Medicaid planning and long-term care planning.
Serves Berkeley and Jefferson counties from Martinsburg. Handles trust administration, estate probate, estate disputes and guardianships and conservatorships, along with wills, trusts, special needs planning and powers of attorney. Attorney Michael A. Bush serves as Fiduciary Commissioner for Berkeley County and Jefferson County and is a member of WealthCounsel and NAELA.
All 5 West Virginia trust administration 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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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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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 Do I Settle a Trust?
Settling a trust in West Virginia happens outside court: the trustee acts under the state's Uniform Trust CodeW. Va. Code § 44D-1-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
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What's Fair Trustee Compensation?
In West Virginia, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent)W. Va. Code § 44D-7-708Verified Sep 18, 2026View source unless the trust instrument sets a different amount.
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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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Do I Have to File Tax Returns for Someone Who Died?
West Virginia requires a final state income tax return for the decedent alongside the federal Form 1040W. Va. Code § 11-21-4j; SB 392 (2026 Regular Session)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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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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