Probate in Lewis County

Probate Court Record

Lewis County Circuit Court

Lewis County · Eighteenth Judicial Circuit

Hours

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

Office

Lewis County Judicial Annex, 117 Court Avenue, Weston, WV 26452

Filing in person

Appointment required

Self-represented filing

Allowed

How to file probate in Lewis County →

Verified October 15, 2026 · Source

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

Estate Law Firms Serving Lewis County

Serves Randolph, Tucker, Upshur, Barbour, Pocahontas, Grant, Pendleton, Lewis, Webster and Harrison counties from Elkins. Guides executors and administrators through West Virginia probate and handles guardianships and conservatorships, along with wills, testamentary trusts, powers of attorney and living wills. Attorney Jefferson L. Triplett is fluent in Spanish.

Solo PracticeSince 1977Serves 10 countiesEstate PlanningProbateConservatorshipGuardianshipFamily LawReal Estate

Serves families from an office on North Kanawha Street in Buckhannon. Prepares wills, trusts, medical powers of attorney, HIPAA waivers, do-not-resuscitate forms, Alzheimer's plans and transfer on death deeds. Attorney Kyle Nuttall also negotiates oil and gas leases for West Virginia landowners.

Solo PracticeEstate PlanningGuardianship

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 and Putnam counties from offices in Charleston and Hurricane, and takes estate planning clients from all 55 West Virginia counties. Drafts wills, living trusts, living wills, durable powers of attorney and advance healthcare directives, and updates existing plans. Its main practice is real estate closings, title insurance and foreclosure.

Serves the whole stateFree consultationEstate PlanningReal Estate

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

All 14 West Virginia estate law firms serving Lewis 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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Free

Healthcare Power of Attorney

West Virginia requires 2W. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source witnesses and notarizationW. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source for a healthcare power of attorney.

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Financial Power of Attorney

West Virginia treats a power of attorney as durable by defaultW.Va. Code § 39B-1-105Verified Oct 21, 2026View source, and it is signed before a notaryW.Va. Code § 39B-1-105Verified Oct 21, 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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Free

Transfer on Death Deed

In West Virginia, a transfer on death deed is signed before a notaryW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source, then recorded with the county before the owner's deathW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source. West Virginia does not recognize a Lady Bird deed.

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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.

Trust or Will: Which Costs Less?

In West Virginia, a will-based plan pays probate attorney fees of typically 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; a funded revocable trust keeps those assets out of probate and off that fee.

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Do I Need a Revocable Trust?

Probate in West Virginia takes 6 months to 9 months for a simple estate and charges attorney fees of typically 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; assets held in a revocable trust skip both.

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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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What Are the Estate Laws in My State?

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 and takes 6 months to 9 months for a simple estate, with attorney fees of typically 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. Estates under $50,000W.Va. Code § 44-1A-2Verified Sep 9, 2026View source can use a small-estate procedure instead.

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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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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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