Wheeling is in Ohio County.

Probate in Ohio County

Probate Court Record

Ohio County Circuit Court

Ohio County · First Judicial Circuit

Hours

Monday-Friday 8:30 AM-5:00 PM

Office

Ohio County City/County Building, 1500 Chapline Street, 4th Floor, Wheeling, WV 26003

Filing in person

Appointment required

Self-represented filing

Allowed

Self-help forms

How to file probate in Ohio County →

Verified October 15, 2026 · Source

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