Estate Planning & Probate in Fayette County, West Virginia
There are two reasons people look up Fayette County probate: to keep a family out of it, or to get a loved one's estate through it. Start with your situation below; both paths use Fayette County's actual court and recording details.
Someone died — settling an estate
Filing probate at the Circuit Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in Fayette County→Planning ahead as a property owner
Keep a Fayette County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Fayette County→The Probate Process in Fayette 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 Fayette County, probate runs through the Circuit Court at Fayette County Courthouse, 100 North Court Street, Fayetteville. The court sits in the Fifteenth Judicial Circuit.
Full Fayette Countyprobate guide: cost, how to file & attorneys →Probate Court Record
Circuit Court
Fayette County · Fifteenth Judicial Circuit
Address
Phone
Hours
Recording Deeds & Property Documents
Recording Office Record
County Clerk
Fayette County · County Clerk · Michelle L. Holly
Address
Phone
Fax
E-recording
$32 for the first 5 pages plus $1 for each page beyond 5; required form fees may include Sales Listing Form (Declaration of Consideration or Value) ($0); TOD deeds are generally transfer-tax exempt.
Full recording details →Verified July 14, 2026 · Source
Frequently Asked Questions
The Circuit Court for Fayette County is located in Fayetteville, West Virginia. Full address, phone, hours, and e-filing details are listed on this page.
Yes. E-filing is available but optional in Fayette County. Many families filing without an attorney prefer paper filing at the Circuit Court; both are accepted.
No. West Virginia allows estates under $50,000 to use a Small Estate Affidavit and skip formal probate. The waiting period is 60 days after death. Use the West Virginia probate decision tool to see if the estate qualifies.
When there is no will, West Virginia's intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Fayette County probate court applies the state rules without variation. See who inherits in West Virginia for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Fayette County probate docket. Create a revocable trust online to avoid putting your family through this process later.
West Virginia Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Fayette County.
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