Serves Kanawha and Putnam counties and the surrounding region from Charleston. Assists administrators and executors with estate filings and asset distribution, litigates will contests and estate disputes, and petitions for guardianship and conservatorship of elderly family members. David R. Karr, Jr. is a former Jackson County prosecuting attorney.
What to Do When Someone Dies in Boone County, West Virginia
How probate works in Boone County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Boone County Circuit Court
Boone County · Ninth Judicial Circuit
Phone
Office
Boone County Courthouse, 200 State Street, Suite 202, Madison, WV 25130
Website
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredCall the County Clerk's probate desk at 304-369-7336 to schedule an appointment to open an estate. Bring the original will (or a surety bond where there is no will), the death certificate, the names and addresses of the heirs, a list of assets with tax receipts, and any life insurance or death benefit details.
Self-represented filing
AllowedThe County Clerk publishes an Estate Administration Overview, "Where Should I File Probate," "Who Can Be Administrator," appraisement and nonprobate inventory forms for self-represented filers.
Accepted payment
- At the counterCash, Check, Money order, Credit card.Cash, money order, cashier's checks, and all major credit cards accepted. Checks payable to the Boone County Clerk; out-of-state checks are not accepted.
County forms
- Estate Administration OverviewStep-by-step overview of opening and settling an estate
- Where Should I File ProbateDetermine the correct county of filing
Fax
1-304-369-7326
Departments
- County Clerk - Probate / Fiduciary1-304-369-7336 · 200 State Street, Suite 104 · Monday-Friday 8:00 AM-4:00 PMIn West Virginia, admitting a will and opening an estate are handled by the County Clerk, not the Circuit Court.
About the court
- Boone County shares the Ninth Judicial Circuit with Lincoln County.
Verified October 15, 2026 · Source
How Probate Works in Boone County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Boone County, probate runs through the Circuit Court at Boone County Courthouse, 200 State Street, Suite 202, Madison. The court sits in the Ninth Judicial Circuit. Boone County shares the Ninth Judicial Circuit with Lincoln.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under West Virginia intestacy law when there is no will.
Most West Virginia estates take 9 months to 15 months to move through this process. Creditors have 2 monthsW. Va. Code §§ 44-1-14a, 44-2-4, 44-2-21, 44-2-26Verified Oct 19, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Boone County
What probate costs in Boone County, West Virginia comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Circuit Court at Boone County Courthouse, 200 State Street, Suite 202, Madison. The court is part of the Ninth Judicial Circuit.
West Virginia's county clerk records the application, the will or bond, the appraisement and the settlement waiver at $12 each and issues a $2.50 certificate, about $51. In counties with a fiduciary supervisor the commission may add a qualification fee of up to $25, $100 or $175 by the estate's gross assets, so posted totals run from about $71 to $226. The $20 clerk publication fee and any fiduciary commissioner's fee are separateW. Va. Code §§ 44-3A-42, 59-1-10, 5A-8-15, 44-2-1Verified Oct 17, 2026. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in West Virginia are negotiated, 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 estate value. Flat-fee arrangements are common for straightforward estates.
West Virginia sets executor compensation by statute — about $20,000 on a $500,000 estate, roughly 4.0%W.Va. Code § 44-4-12a(a) (5% first $100K, 4% to $400K, 3% to $800K, 2% above $800K, on personal estate and real estate sold); §§ 44-4-12a(b) (unsold real estate 1%), 44-4-12a(d), 44-4-12a(f)Verified Sep 9, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
West Virginia requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under W.Va. Code § 44-1-6 (bond required unless excused by § 44-1-8); § 44-1-7 (penalty at least the full value of the personal estate); § 44-1-8 (will may direct no bond; no surety for a sole distributee)Verified Sep 9, 2026View source of estate value annually.
Probate in West Virginia typically runs 9 months to 15 months, and costs accrue throughout that period.
How to File Probate at the Circuit Court
Probate cases in Boone County are filed at the Circuit Court. File in person during business hours or by mail. The court sits in the Ninth Judicial Circuit.
Beside the filing office, the court lists a separate line for County Clerk - Probate / Fiduciary.
Can You File Without an Attorney?
West Virginia has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableW.Va. Code § 44-12-1 (clerk of the county commission admits wills and qualifies executors and administrators in vacation, ex parte); § 44-1-4(a) (the county commission or its clerk during recess)Verified Sep 9, 2026View source.
For a full cost comparison and filing checklist, see the Boone County Self-Filing Assessment.
Boone County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Probate handled by County Clerk, not Circuit Court
In West Virginia, the County Commission has jurisdiction over the probate of wills, and its clerk can admit a will to probate without notice to anyone. A will contest is a separate complaint filed in the Circuit Court of the county where probate was allowed or denied, within six months of the County Commission's order.
SourceWhat to Bring
Filed with the opening petition at the Circuit Court: Certified copy of the death certificate (W. Va. Code §44-1-30); Original will and any codicils, delivered to the clerk of the county commission within 30 days after the death is known to the custodian (W. Va. Code §41-5-1); Oath of executor (W. Va. Code §44-1-3) or oath of administrator (W. Va. Code §44-1-6), signed at qualification; Affidavit showing heirs, distributees, devisees, and legatees (W. Va. Code §44-1-13); Fiduciary bond unless waived (W. Va. Code §§ 44-1-6, 44-1-8)W. Va. Code §§ 44-1-1 to 44-1-14 (qualification, oath, bond, letters); § 44-1-31 (oath/bond may be taken before any officer authorized to administer oaths); §§ 41-5-1 et seq. (admission of wills to probate); § 44-1-4 (intestate administration & priority)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Boone County
In West Virginia a death is registered locally, and in Boone County certified copies of the death certificate are issued by Boone County Clerk as well as by West Virginia Department of Health - Vital Registration Office.
Vital Records Office Record
County Clerk
Boone County · Boone County Clerk
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
200 State Street, Suite 104, Madison, WV 25130
Website
Fax
1-304-369-3925
Local rule
- A valid photo ID is required to obtain a copy, and only the people the page lists may obtain one.
Certified copy fees
| First certified copy | $5 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Boone County · Office of the Chief Medical Examiner
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
619 Virginia Street West, Charleston, WV 25302
Website
Serves this county
Office of the Chief Medical Examiner
Verified November 2, 2026 · Source
Transferring Property in Boone County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.
Deeds and other real property documents for Boone County are recorded with the County Clerk at 200 State Street, Suite 104, Madison, WV 25130. Phone: 1-304-369-7330. Hours: Monday-Friday 8:00 AM-4:00 PM.
The County Clerk charges $32 for the first 5 pages plus $1 for each page beyond 5.
Boone County accepts electronic recording through CSC.
Recording Office Record
County Clerk
Boone County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
200 State Street, Suite 104, Madison, WV 25130
Website
E-recording
Fax
1-304-369-3925
Recording fees
| Base fee (first 5 pages) | $32 |
| Each page beyond 5 | $1 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
W. Va. Code 59-1-10(a)(1), (a)(7); W. Va. Code 5A-8-15(h)
Verified October 17, 2026 · Source
Probate Attorneys Serving Boone County
West Virginia allows informal probate, so many families settle straightforward estates in Boone County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in West Virginia are based on reasonable compensation, billed hourly or as a flat fee. Ask a Boone County firm to quote a structure up front.
A probate attorney files the petition with the Circuit Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
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.
Serves Kanawha County from Charleston. Drafts wills and trusts and represents heirs and beneficiaries contesting a will or challenging a personal representative's handling of an estate. Also handles adoption and guardianship cases and residential and commercial real estate closings.
Serves Kanawha County from the firm's Charleston headquarters. Its Wills, Estates & Trusts group handles the probate of decedents' estates and the administration of trusts, prepares federal estate tax returns, advises corporate and individual fiduciaries, and litigates contested probate and trust matters. Lawyers in several states act as local counsel for nonresidents in probate and tax matters.
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.
Serves Monongalia County from Morgantown, with a second office in Charleston. Guides executors and trustees through probate, estate and trust administration and estate tax returns, and represents fiduciaries and beneficiaries in will contests and trust disputes. Formed by the merger of Gianola Barnum & Jecklin and Lewis Glasser.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(9)·
- W. Va. Code §§ 44-1-1 to 44-1-14 (qualification, oath, bond, letters); § 44-1-31 (oath/bond may be taken before any officer authorized to administer oaths); §§ 41-5-1 et seq. (admission of wills to probate); § 44-1-4 (intestate administration & priority)
- W. Va. Code §§ 44-1-14a, 44-2-4, 44-2-21, 44-2-26
- W. Va. Code §§ 44-3A-42, 59-1-10, 5A-8-15, 44-2-1
- W.Va. Code § 44-12-1 (clerk of the county commission admits wills and qualifies executors and administrators in vacation, ex parte); § 44-1-4(a) (the county commission or its clerk during recess)
- W.Va. Code § 44-4-12a(a) (5% first $100K, 4% to $400K, 3% to $800K, 2% above $800K, on personal estate and real estate sold); §§ 44-4-12a(b) (unsold real estate 1%), 44-4-12a(d), 44-4-12a(f)
- W. Va. Code 59-1-10(a)(1), (a)(7); W. Va. Code 5A-8-15(h)
- Boone County Circuit Court, official page
- Boone County Clerk, official page
- Boone County vital records and death investigation offices, official page
Data sourced from West Virginia statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in West Virginia
Free tools for settling an estate in West Virginia: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
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.
See the Steps
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.
See the Steps
Can I Self-File Probate?
West Virginia has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableW.Va. Code § 44-12-1 (clerk of the county commission admits wills and qualifies executors and administrators in vacation, ex parte); § 44-1-4(a) (the county commission or its clerk during recess)Verified Sep 9, 2026View source.
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