Estate Planning for Marion County, West Virginia Property Owners

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.

Record a TOD deedWhere to recordLocal attorneys

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 $76 in filing fees.

Record a Transfer-on-Death Deed in Marion County

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 Oct 19, 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 Oct 19, 2026View source.

Create a West Virginia TOD deed →Marion County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Marion County are recorded with the County Clerk at 219 Adams Street, Fairmont, WV 26554. Phone: 1-304-367-5440. 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

County Clerk

Marion County

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

219 Adams Street, Fairmont, WV 26554

Open in Google Maps

Mail

P.O. Box 1267 Fairmont, WV 26554

Fax

1-304-367-5448

Verified October 17, 2026 · Source

Estate Planning Attorneys Serving Marion County

Solo PracticeFairmont, WV

Pitrolo Law Offices, PLLC

Serves 4 counties

Serves Marion County from Fairmont and lists Clarksburg, Morgantown and Kingwood ZIP codes among its service areas. Drafts wills, revocable living trusts, financial and medical powers of attorney, living wills and special needs trusts, and offers virtual estate planning by secure video with remote notaries and witnesses.

PracticesEstate PlanningSpecial Needs PlanningBusiness Law

Office
320 Madison StreetFairmont, WV 26554
Free consultationVirtual consultations

FirmFairmont, WV

Romain, Romain & Pevler PLLC

Serves Marion County from Fairmont, handling wills, trusts, probate and estate tax planning. Protects homes and savings from state liens for nursing home and healthcare bills, and makes house and hospital calls.

PracticesEstate PlanningProbateTax PlanningAsset Protection

Office
110 Gaston AvenueFairmont, WV 26554

FirmMorgantown, WV

Dinsmore & Shohl LLP (Morgantown)

Serves Monongalia County from Clay Street in Morgantown. Partner Joshua S. Rogers handles probate and litigates will contests, will and trust construction actions and probate disputes, and the firm's private client group advises executors and trustees on estate administration and estate tax. Rogers conducts the statewide probate training for West Virginia's fiduciary supervisors and county clerks.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more

Office
150 Clay Street, Suite 500Morgantown, WV 26501

FirmMorgantown, WV

Flaherty Sensabaugh Bonasso PLLC

Since 1991

Serves Monongalia County from Morgantown, with additional offices in Charleston and Wheeling. Guides executors and trustees through probate filings, trust administration and distribution, and represents fiduciaries and beneficiaries in will contests, trust disputes and breach of fiduciary duty claims. Counsel Richard R. Marsh focuses on trust and estate planning, administration and litigation.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more

Office
48 Donley Street, Suite 501Morgantown, WV 26501

FirmMorgantown, WV

Lewis Gianola PLLC

Since 1985

Serves Monongalia County from Morgantown, with a second office in Charleston. Guides executors and trustees through probate, estate and trust administration and estate tax returns, and represents fiduciaries and beneficiaries in will contests and trust disputes. Formed by the merger of Gianola Barnum & Jecklin and Lewis Glasser.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 7 more

Office
1714 Mileground RoadMorgantown, WV 26505

FirmMorgantown, WV

Mark Everett, Attorney at Law, PLLC

Serves Monongalia County from an office on the Mileground in Morgantown. Lists wills and estates among its practice areas alongside real estate, personal injury, criminal and family law.

PracticesEstate PlanningBusiness LawCriminal LawFamily Lawand 2 more

Office
1756 Mileground Road, Suite FMorgantown, WV 26505
See all 22 firms serving Marion County →

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.

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Legal Sources

Data sourced from West Virginia statutes and official state code. How we research.

Forms for Planning Your Estate in West Virginia

Free forms for planning your estate in West Virginia: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for West Virginia.

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Last Will and Testament

In West Virginia, a will is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitW.Va. Code § 41-1-3Verified Oct 19, 2026View source.

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Codicil to a Will

In West Virginia, a codicil is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, like a will.

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Healthcare Power of Attorney

West Virginia requires 2W. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source witnesses and notarizationW. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source for a healthcare power of attorney.

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HIPAA Release

In West Virginia, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related informationW. Va. Code § 16-3C-3(a)(3)Verified Jun 19, 2026View source expressly before a provider releases it.

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Financial Power of Attorney

West Virginia treats a power of attorney as durable by defaultW.Va. Code § 39B-1-105Verified Oct 21, 2026View source, and it is signed before a notaryW.Va. Code § 39B-1-105Verified Oct 21, 2026View source.

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Transfer on Death Deed

In West Virginia, a transfer on death deed is signed before a notaryW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source, then recorded with the county before the owner's deathW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source. West Virginia does not recognize a Lady Bird deed.

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Living Will

In West Virginia, the living will is the Living WillW. Va. Code Chapter 16, Article 30 (West Virginia Health Care Decisions Act), §§ 16-30-1 to 16-30-25; execution and forms § 16-30-4Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.

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Pour-Over Will

In West Virginia, a pour-over will is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Tools for Planning Your Estate in West Virginia

Free tools for planning your estate in West Virginia: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for West Virginia.

How Do I Sign Estate Documents?

In West Virginia, a will is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, and notarization is not requiredW.Va. Code § 41-1-3Verified Oct 19, 2026View source.

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Will My Estate Documents Transfer?

West Virginia has no statute recognizing a will by the law of the place where it was signedW.Va. Code § 41-1-5Verified Oct 19, 2026View source, so a will used here is tested against its own rule: 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, and notarization is not requiredW.Va. Code § 41-1-3Verified Oct 19, 2026View source.

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Trust or Will: Which Costs Less?

In West Virginia, a will-based plan pays probate attorney fees of 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 the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in West Virginia runs $2,870Estimate: 10 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,305Estimate: 15 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in West Virginia runs $861Estimate: 3 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,722Estimate: 6 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $30,331W.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)Verified Sep 9, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In West Virginia, a parent names a guardian for a minor child in a willW. Va. Code §§ 44-10-1, 44-10-2, 44-10-3Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18W. Va. Code § 2-3-1Verified Sep 16, 2026View source.

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Do I Need a Revocable Trust?

Probate in West Virginia takes 6 months to 9 months for a simple estate and charges attorney fees of 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 the estate; assets held in a revocable trust skip both.

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