What to Do When Someone Dies in Brooke County, West Virginia
Probate in Brooke County runs through the Circuit Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Brooke County, settling their estate runs through the Circuit Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Circuit Court
Brooke County · First Judicial Circuit
Address
Brooke County Judicial Center, 620 Main StreetWellsburg, WV 26070
Paper filing availableE-filing optionalSelf-filing allowed
Departments
County Clerk - Probate / Fiduciary304-737-3661Office hours Monday-Friday 9:00am-5:00pm. Probate is a County Clerk function, separate from the Circuit Court at the Judicial Center (620 Main Street).
Brooke County shares the First Judicial Circuit with Hancock and Ohio Counties. Mailing: P.O. Box 474, Wellsburg, WV 26070.
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. The 2 monthsW.Va. Code § 44-1-14a(a)(7) (claims "must be filed within sixty days of the date of first publication"); § 44-3A-4(b) (same sixty days in fiduciary-supervisor counties). The period runs from first publication by the clerk, not from death or qualification.Verified Sep 9, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
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.
Probate matters are handled through the County Clerk - Probate / Fiduciary. Filing and payment go through these offices, not the main clerk window.
Local procedures at this court that affect cost: Estate-opening fees are set by the County Clerk and vary by county. These are county-specific and not posted on the statewide court site.
West Virginia charges $95 - $245 (based on estate value)W. Va. Code § 44-3A-42; county clerk fee schedules (locally set)Verified Sep 9, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Circuit Court accepts e-filing (https://efile.courtswva.com). Paper filing remains available for self-represented filers.
Estimate the costs for this estate:
Attorney fees in West Virginia are negotiated, typically 1.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source to 2.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in West Virginia. Family executors who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
West Virginia requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%W.Va. Code § 44-1-6 (bond required at the grant of administration unless excused by § 44-1-8); § 44-1-7 (penalty of bond — at least the full value of the personal estate); § 44-1-8 (will may direct no bond; no surety required of a sole beneficiary/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 documents in Brooke County can be filed in person at the Circuit Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the First Judicial Circuit.
Filings here are routed through the County Clerk - Probate / Fiduciary. Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person at the court or by mail.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Circuit Court is realistic.
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, uncontested probate (wills, estate administration, inventories) is handled by the County Clerk's fiduciary/probate office, not the Circuit Court. Circuit Courts handle contested matters such as will contests and disputed estate proceedings.
Source: W. Va. Code 44-1-1 et seq.
Will custodian must deliver the will within 30 days of death
A person who has custody of a will must, within 30 days after learning of the testator's death, deliver the will to the County Clerk or to the executor named in the will. The will is then presented to the County Clerk to be admitted to probate; a certified copy of the death certificate is required.
Source: W. Va. Code 41-5-1
Small Estate Act: under $50,000 personal property, no real property
A small estate qualifies for the simplified affidavit process under the West Virginia Small Estate Act when the aggregate fair market value of all probate personal property does not exceed $50,000. Effective July 9, 2025 (HB 2867), an estate that includes any probate real property no longer qualifies as a small estate. No bond is required for small estates.
Source: W. Va. Code 44-1A-2
Document Requirements
Estate appraisement and inventory due within 90 days
The personal representative must return the appraisement form (the original plus two copies) and the notarized nonprobate inventory to the County Clerk or fiduciary supervisor within 90 days of the date of qualification. The forms list all real estate, bank accounts, and personal property at fair market value.
Source: W. Va. Code 44-1-14
What to Bring
To file at the Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
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, led by County Clerk Kimberly "Kimmy" Barbetta, at 632 Main Street Suite 201, Wellsburg, WV 26070. Phone: (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, CSC.
Recording Office Record
County Clerk
Brooke County · County Clerk · Kimberly "Kimmy" Barbetta
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 — typically 1.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source to 2.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source of the estate's value, 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 Wheeling and takes matters into neighboring Pennsylvania and Ohio. Partners J. Anthony Edmond Jr. and Michael B. Baum handle estate planning alongside real estate title and oil-and-gas work — a common pairing where mineral rights pass through an estate. Offers a free consultation on trust selection.
Established in 1967, Frankovitch Anetakis provides experienced guidance through estate and trust planning and estate administration. Offices in Weirton, Wheeling, and Chester, with attorneys licensed in WV, OH, and PA.
Wheeling estate planning attorney Frank A. Jackson assists clients with wills, trust agreements, powers of attorney, settlement of estates, and special circumstances of the elderly. Washington and Lee University and University of Pittsburgh School of Law graduate.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 4 more
Wheeling estate planning firm with two attorneys handling estate planning, probate, estate administration, contested estates, business counsel, and real estate matters. Licensed in WV, OH, and PA.
PracticesEstate PlanningEstate AdministrationProbateLiving Willsand 4 more
Serves Hancock and Brooke counties from Weirton, and takes matters into neighboring Ohio and Pennsylvania. Attorney Pam Zagula concentrates on estate planning and elder law — wills, trusts, probate, and asset protection against nursing home costs. Free consultations; in practice since 1994.
PracticesEstate PlanningProbateElder LawAsset Protectionand 3 more
Serves Hancock and Brooke counties from Weirton, with offices in Wheeling and Clarksburg. Handles estate planning and elder law together: wills and living trusts, financial and medical powers of attorney, long-term care and nursing-home planning, and life estate and transfer-on-death deeds. Offers a free consultation.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 5 more
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.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Brooke County Guides
Step-by-step tools for families in Brooke County, West Virginia.
