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.
What to Do When Someone Dies in Brooke County, West Virginia
How probate works in Brooke County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Brooke County Circuit Court
Brooke County · First Judicial Circuit
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
Brooke County Judicial Center, 620 Main Street, Wellsburg, WV 26070
Website
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredCall the County Clerk at 304-737-3661 to schedule an appointment to open an estate. With a will, bring the original will, the names and addresses of all beneficiaries and heirs, and a copy of the death certificate. Without a will, the person or surety company bonding the administrator comes to the appointment.
Self-represented filing
AllowedThe County Clerk's Probate page lists what to bring to an appointment for an estate with a will and without one. A probate clerk can help identify the heirs at law.
Accepted payment
- At the counterCash, Check.Recording fees are paid at the appointment in cash or by check.
P.O. Box 474
Wellsburg, WV 26070
Fax
1-304-737-0352
Departments
- County Clerk - Probate / Fiduciary1-304-737-3661 · 632 Main Street, Suite 201 · Monday-Friday 9:00 AM-5:00 PMProbate is a County Clerk function, separate from the Circuit Court at the Judicial Center (620 Main Street).
About the court
- Brooke County shares the First Judicial Circuit with Hancock and Ohio Counties.
Verified October 15, 2026 · Source
How Probate Works in Brooke 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 Brooke County, probate runs through the Circuit Court at Brooke County Judicial Center, 620 Main Street, Wellsburg. The court sits in the First Judicial Circuit. The same First Judicial Circuit also serves Hancock and Ohio.
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 Brooke County
What probate costs in Brooke 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 Brooke County Judicial Center, 620 Main Street, Wellsburg. The court is part of the First 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 Brooke County are filed at the Circuit Court. File in person during business hours or by mail. The court sits in the First 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 Brooke County Self-Filing Assessment.
Brooke 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.
SourceDocument Requirements
Death certificate: a copy for a West Virginia death, the certified or original for a death elsewhere
For a death in West Virginia, the Brooke County Clerk reviews a copy of the death certificate and receives a certified copy from the state vital records office. For a death in another state, bring a certified or original death certificate, which the clerk keeps and records. Handwritten wills and wills prepared in another state may need additional paperwork, and opening the estate can take more than one visit.
SourceAn administrator is bonded before appointment, by a surety company or a Brooke County property owner
Without a will, the administrator is bonded before appointment, by a surety company or by someone who owns real estate in Brooke County and encumbers it; the surety comes to the appointment. The total value of the personal property titled in the decedent's name alone sets the bond amount. With a will that does not waive bond for the executor, a surety bond is required before probate begins.
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 Brooke County
In West Virginia a death is registered locally, and in Brooke County certified copies of the death certificate are issued by Brooke County Clerk as well as by West Virginia Department of Health - Vital Registration Office.
Vital Records Office Record
County Clerk
Brooke County · Brooke County Clerk
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
632 Main Street, Suite 201, Wellsburg, WV 26070
Website
Certified copies
At the counter
Fax
1-304-737-4023
Local rule
- Valid identification is required at the counter, and a mail request carries a request letter, a photocopy of photo identification and a self-addressed stamped envelope.
Certified copy fees
| First certified copy | $5 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Brooke 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 Brooke 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 Brooke County are recorded with the County Clerk at 632 Main Street, Suite 201, Wellsburg, WV 26070. Phone: 1-304-737-3661. Hours: Monday-Friday 9:00 AM-5:00 PM.
The County Clerk charges $32 for the first 5 pages plus $1 for each page beyond 5.
Brooke County accepts electronic recording through Simplifile and CSC.
Recording Office Record
County Clerk
Brooke County
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
632 Main Street, Suite 201, Wellsburg, WV 26070
Website
E-recording
Fax
1-304-737-4023
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 Brooke County
West Virginia allows informal probate, so many families settle straightforward estates in Brooke 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 Brooke 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 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.
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.
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.
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.
Serves Weirton and the surrounding tri-state area from Pennsylvania Avenue, practicing in West Virginia, Ohio and Pennsylvania. Pam Zagula prepares Medicaid applications and nursing-home asset protection plans alongside wills and revocable living trusts, and visits clients in nursing homes and at home. Practicing law since 1994 and a member of the National Academy of Elder Law Attorneys.
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)
- Brooke County Circuit Court, official page
- Brooke County Clerk, official page
- Brooke 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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