Serves Cabell County and the tri-state area from Huntington, with a second office in Ashland, Kentucky. Handles probate from pre-appointment through appraisement forms, represents executors, beneficiaries and creditors, takes will contests and ancillary administrations, and prepares West Virginia small-estate filings. Established in 1935.
What to Do When Someone Dies in Lincoln County, West Virginia
How probate works in Lincoln County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Lincoln County Circuit Court
Lincoln County · Ninth Judicial Circuit
Phone
Office
Lincoln County Courthouse, 8000 Court Avenue, Hamlin, WV 25523
Website
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredCall the County Clerk at 304-824-7990 ext. 233 or ext. 267 to book an appointment to open an estate.
Self-represented filing
AllowedThe Lincoln County Clerk handles probate and recording services. Contact the office to begin an estate.
P.O. Box 338
Hamlin, WV 25523
Fax
1-304-824-2011
Departments
- County Clerk - Probate / Fiduciary1-304-824-7990 ext. 233 · 8000 Court Avenue · Monday-Friday 9:00 AM-4:30 PMThe person being appointed brings a valid photo ID and the names, addresses and phone numbers of all beneficiaries or heirs, plus the original will if there is one.
About the court
- Lincoln County shares the Ninth Judicial Circuit with Boone County.
Verified October 15, 2026 · Source
How Probate Works in Lincoln 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 Lincoln County, probate runs through the Circuit Court at Lincoln County Courthouse, 8000 Court Avenue, Hamlin. The court sits in the Ninth Judicial Circuit. Lincoln County shares the Ninth Judicial Circuit with Boone.
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 Lincoln County
What probate costs in Lincoln 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 Lincoln County Courthouse, 8000 Court Avenue, Hamlin. 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 Lincoln 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 Lincoln County Self-Filing Assessment.
Lincoln 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
An estate bond is brought to the appointment when there is no will
Where there is no will, or the will does not waive bond, the Lincoln County Clerk asks for an estate bond at the time of appointment. The bond is obtained from an insurance agency of the applicant's choice.
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 Lincoln County
In West Virginia a death is registered locally, and in Lincoln County certified copies of the death certificate are issued by Lincoln County Clerk as well as by West Virginia Department of Health - Vital Registration Office.
Vital Records Office Record
County Clerk
Lincoln County · Lincoln County Clerk
Hours
Monday-Friday 9:00 AM-4:30 PM
Office
8000 Court Avenue, Hamlin, WV 25523
Website
P.O. Box 497
Hamlin, WV 25523
Fax
1-304-824-2444
Certified copy fees
| First certified copy | $12 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Lincoln 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 Lincoln 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 Lincoln County are recorded with the County Clerk at 8000 Court Avenue, Hamlin, WV 25523. Phone: 1-304-824-7990 ext. 233. Hours: Monday-Friday 9:00 AM-4:30 PM.
Documents submitted by mail go to P.O. Box 497, Hamlin, WV 25523.
The County Clerk charges $32 for the first 5 pages plus $1 for each page beyond 5.
Lincoln County accepts electronic recording through CSC.
Recording Office Record
County Clerk
Lincoln County
Hours
Monday-Friday 9:00 AM-4:30 PM
Office
8000 Court Avenue, Hamlin, WV 25523
Website
E-recording
P.O. Box 497
Hamlin, WV 25523
Fax
1-304-824-2444
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 Lincoln County
West Virginia allows informal probate, so many families settle straightforward estates in Lincoln 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 Lincoln 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 Cabell County and the tri-state area from its Huntington office, where partner M. Edward Cunningham II, an attorney, CPA and Certified Valuation Analyst, leads the estate planning work. The office handles wills, trust-based estate plans and gift and estate tax planning, and its litigators take will contests and fiduciary and beneficiary disputes.
Serves Cabell County from Huntington, with a second West Virginia office in Spencer and offices in Ohio and Kentucky. Handles probate administration from probating the will and appointing the personal representative through the court inventory and final accounting, along with wills, trusts and powers of attorney. Managing partner Curtis B. Anderson sits on West Virginia's Probate Committee.
Serves Cabell County and the tri-state area from Huntington. Its wills, trusts and estates group handles estate administration and prepares guardianship and conservatorship petitions, along with wills, trusts and powers of attorney, for clients in West Virginia, Kentucky and Ohio. In practice since 1923.
Serves Mason County and the tri-state area from Point Pleasant, with a second office in Bridgeport. Handles estate planning and estate administration alongside a bankruptcy-led practice. Cary Shinn Supple has been the appointed Fiduciary Commissioner for Mason County, presiding over probate matters, since January 2014.
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.
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)
- Lincoln County Circuit Court, official page
- Lincoln County Clerk, official page
- Lincoln 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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