For most Marion County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Marion County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Marion County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Marion County property passes through the Circuit Court — even simple West Virginia probates run 6+ months and start with about $95 in filing fees.
A transfer on death deed names a beneficiary who receives Marion County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.
Before recording, a West Virginia transfer on death deed is signed with notary acknowledgmentW. Va. Code 36-12-1 to 36-12-17Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathW. Va. Code 36-12-1 to 36-12-17Verified Aug 24, 2026View source.
Deeds and other real property documents for Marion County are recorded with the County Clerk, led by County Clerk Julie Kincaid, at 219 Adams Street, Fairmont, WV 26554. Phone: (304) 367-5440. Hours: Monday-Friday 8:30 AM - 4:30 PM.
Documents submitted by mail go to P.O. Box 1267, Fairmont, WV 26554.
The County Clerk charges $32 for the first 5 pages plus $1 for each page beyond 5. Recording a 2-page transfer on death deed in Marion County comes to $32. The office also requires a Sales Listing Form (Declaration of Consideration or Value) with the deed, at no charge. A transfer on death deed is exempt from transfer tax.
Recording Office Record
Marion County · County Clerk · Julie Kincaid
Address
Phone
Fax
Hours
Recording fees
| Base fee (first 5 pages) | $32 |
| Each page beyond 5 | $1 |
| Transfer tax on a TOD deed | Exempt |
W. Va. Code 59-1-10(a)(1), (a)(7); W. Va. Code 5A-8-15(h)
Verified September 9, 2026 · Source
FirmFairmont, WV
Established firm with nearly five decades of service providing estate planning and probate administration to clients throughout Marion County and north central West Virginia.
PracticesEstate PlanningEstate AdministrationProbateTrustsWills
Solo PracticeFairmont, WV
Estate planning boutique in Fairmont providing drafting of wills, revocable trusts, powers of attorney, and special needs trusts. Known for professionalism and compassionate guidance through the estate planning process.
PracticesEstate PlanningSpecial Needs PlanningBusiness LawPowers Of Attorneyand 2 more
FirmFairmont, WV
Fairmont estate planning and elder law firm offering wills, trusts, asset protection, and Medicaid/nursing home planning for families across West Virginia. Robert James Pevler is licensed in West Virginia and North Carolina.
PracticesEstate PlanningProbateElder LawConservatorshipand 6 more
Solo PracticeMorgantown, WV
Serves Monongalia County and surrounding counties from Morgantown. Prepares estate planning documents either individually — a single will, power of attorney, or healthcare directive — or as a full plan, which suits families who need one document rather than a package. Founded April 2022.
PracticesEstate PlanningFamily LawHealthcare DirectivesPowers Of Attorneyand 2 more
FirmClarksburg, WV
Serves Harrison County from downtown Clarksburg, blocks from the county courthouse where estates are settled. Handles wills, trusts, probate, and estate administration alongside real estate and business litigation. The firm carries on the practice of Waters, Warner & Harris, PLLC, in Harrison County since 1933.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 2 more
FirmMorgantown, WV
Morgantown firm (formerly Gianola, Barnum & Jecklin) handling wills, trusts, probate, and estate and tax planning for North Central West Virginia families. Attorneys Jessica E. Ray and Jason Wingfield cover estate planning and probate, including estate administration and will-contest litigation.
PracticesEstate PlanningProbateTax PlanningBusiness Planningand 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. How we research.
Estate planning articles for West Virginia.
Forms and tools for property owners in Marion County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for West Virginia.
