Probate in Marshall County

Probate Court Record

Marshall County Circuit Court

Marshall County · Second Judicial Circuit

Hours

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

Office

Marshall County Courthouse, 600 Seventh Street, Moundsville, WV 26041

Filing in person

Appointment required

Self-represented filing

Allowed

Self-help forms

How to file probate in Marshall County →

Verified October 15, 2026 · Source

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

Estate Law Firms Serving Marshall County

Serves Ohio, Brooke, Marshall, Wetzel and Tyler counties from National Road in Wheeling. Frank A. Jackson settles decedents' estates and drafts wills, testamentary, living, insurance and charitable trusts, and medical and financial powers of attorney, and also forms and operates charitable organizations.

Solo PracticeServes 5 countiesEstate PlanningProbateReal Estate

Serves Ohio County from Main Street in Wheeling and practices across Hancock, Brooke, Marshall, Wetzel, Tyler, Monongalia and Harrison counties. Guides executors and administrators through West Virginia probate, from filing the will and appointment through inventory, debts and distribution, and handles will contests, executor disputes and trust litigation. Founded in Wheeling in 1925.

Since 1925Serves 8 countiesFree consultationEstate PlanningProbateProbate LitigationTrust LitigationTax Planning+2

Serves Ohio County from Eoff Street in Wheeling and takes cases in West Virginia, Ohio and Pennsylvania. Partners J. Anthony Edmond Jr. and Michael B. Baum draft wills, revocable, irrevocable, testamentary and special needs trusts, and powers of attorney alongside oil-and-gas and real estate title work.

Free consultationEstate PlanningSpecial Needs PlanningBusiness LawReal Estate

Serves Monongalia County from Morgantown, with additional offices in Charleston and Wheeling. Guides executors and trustees through probate filings, trust administration and distribution, and represents fiduciaries and beneficiaries in will contests, trust disputes and breach of fiduciary duty claims. Counsel Richard R. Marsh focuses on trust and estate planning, administration and litigation.

Since 1991Estate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+3

Serves Hancock County from Weirton, with offices in Chester and Wheeling. Litigates contested wills and trusts, claims against estates, breach-of-fiduciary-duty claims and guardianship disputes, and sets up estate plans that account for Medicaid and business succession. In practice since 1967.

Since 1967Free consultationEstate PlanningProbateProbate LitigationTrust LitigationGuardianship+2

Serves northern West Virginia and east central Ohio from Fourteenth Street in Wheeling. Handles probate and estate administration, trust administration and contested estates, with trial lawyers who take disputes in the administration or probate process to court, alongside wills, trusts and powers of attorney.

Estate PlanningTrust AdministrationProbateProbate LitigationOil Gas LawReal Estate

All 21 West Virginia estate law firms serving Marshall 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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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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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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