How probate works in Fayette County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Fayette County · Fifteenth Judicial Circuit
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About the court
Verified October 15, 2026 · Source
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.
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 Fayette 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 Fayette County Courthouse, 100 North Court Street, Fayetteville. The court is part of the Fifteenth 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.
Probate cases in Fayette County are filed at the Circuit Court. File in person during business hours or by mail. The court sits in the Fifteenth Judicial Circuit.
Beside the filing office, the court lists a separate line for County Clerk - Probate / Fiduciary.
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 Fayette County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
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.
SourceFiled 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.
In West Virginia a death is registered locally, and in Fayette County certified copies of the death certificate are issued by Fayette County Clerk as well as by West Virginia Department of Health - Vital Registration Office.
Vital Records Office Record
Fayette County · Fayette County Clerk
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| First certified copy | $5 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Fayette County · Office of the Chief Medical Examiner
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Verified November 2, 2026 · Source
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 Fayette County are recorded with the County Clerk at 100 Court Street, Suite 1, Fayetteville, WV 25840. Phone: 1-304-574-4225. Hours: Monday-Friday 8:00 AM-4:00 PM.
Documents submitted by mail go to P.O. Box 569, Fayetteville, WV 25840.
The County Clerk charges $32 for the first 5 pages plus $1 for each page beyond 5.
Fayette County accepts electronic recording through CSC.
Recording Office Record
Fayette County
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| 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
West Virginia allows informal probate, so many families settle straightforward estates in Fayette 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 Fayette 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.
Solo PracticeMount Hope, WV
Serves Fayette, Raleigh, Nicholas and Wyoming counties from Main Street in Mount Hope. Drafts wills, trusts, powers of attorney and advance directives, and guides families through probate and estate administration. Attorney John H. Shumate Jr. has practiced as a sole practitioner since 1981.
PracticesEstate PlanningProbateReal Estate
FirmBeckley, WV
Serves Raleigh, Fayette, Mercer, Nicholas, Summers and Wyoming counties from downtown Beckley. Drafts wills, trusts, durable and medical powers of attorney and living wills. Attorney Adam Taylor also handles estate planning remotely, with phone or video meetings and a video signing.
PracticesEstate PlanningFamily LawMediation
FirmBeckley, WV
Serves Raleigh County from Prince Street in Beckley. Attorney Melanie Hicks handles the firm's estate planning alongside criminal defense, civil litigation and real estate work. The firm offers a free phone consultation.
PracticesEstate PlanningFamily LawReal Estate
Solo PracticeBeckley, WV
Serves Raleigh County from Main Street in Beckley. Handles probate and estates, wills and trusts, including the administration of trusts, alongside tax planning and financial exploitation cases.
PracticesEstate PlanningTrust AdministrationProbateTax PlanningReal Estate
Solo PracticeLewisburg, WV
Serves Greenbrier County from Washington Street East in Lewisburg. Litigates will contests over capacity, undue influence and execution, lost wills, omitted spouses and children, and disputes over a will's administration and the estate's accounting.
PracticesEstate PlanningProbate LitigationPersonal Injury
FirmBeckley, WV
Serves Raleigh County from the firm's North Kanawha Street office in Beckley, one of three offices with Charleston and Lewisburg. Drafts wills and trusts, and handles trust administration, will and trust contests, probate and trust accountings, administrator appointments and guardianship proceedings.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 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.
Data sourced from West Virginia statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Free tools for settling an estate in West Virginia: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
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.
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.
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.
Browse vetted West Virginia attorneys handling probate matters.
Each institution has a separate death claim process. Find yours below.
Get a complete guide for your specific circumstances.
Enter the estate value to see West Virginia attorney fees, executor fees, court costs and the timeline.
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
Enter the estate value to see whether West Virginia lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
