Probate in Marion County runs through the Circuit Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Marion County, settling their estate runs through the Circuit Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Marion County · Twentieth Judicial Circuit
Address
Phone
Fax
Hours
Accepted paymentCash, Check. Cash or check accepted for estate/recording fees.
Departments
Marion County is the only county in the Twentieth Judicial Circuit.
Verified July 3, 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 Marion County, probate runs through the Circuit Court at Marion County Courthouse, 219 Adams Street, Room 211, Fairmont. The court sits in the Twentieth Judicial Circuit. E-filing here is required, not optional — true in only 1 West Virginia counties.
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. The 2 monthsW.Va. Code § 44-1-14a(a)(7) (claims "must be filed within sixty days of the date of first publication"); § 44-3A-4(b) (same sixty days in fiduciary-supervisor counties). The period runs from first publication by the clerk, not from death or qualification.Verified Sep 9, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What probate costs in Marion 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 Marion County Courthouse, 219 Adams Street, Room 211, Fairmont. The court is part of the Twentieth Judicial Circuit.
Probate matters are handled through the County Clerk - Fiduciary / Probate. Filing and payment go through these offices, not the main clerk window.
Local procedures at this court that affect cost: Estate-opening fees are set by the County Clerk and vary by county. These are county-specific and not posted on the statewide court site.
West Virginia charges $95 - $245 (based on estate value)W. Va. Code § 44-3A-42; county clerk fee schedules (locally set)Verified Sep 9, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the Circuit Court (https://efile.courtswva.com). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in West Virginia are negotiated, typically 1.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source to 2.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in West Virginia. Family executors who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
West Virginia requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%W.Va. Code § 44-1-6 (bond required at the grant of administration unless excused by § 44-1-8); § 44-1-7 (penalty of bond — at least the full value of the personal estate); § 44-1-8 (will may direct no bond; no surety required of a sole beneficiary/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.
If you're handling probate yourself in Marion County, West Virginia, you can file at the Circuit Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the Twentieth Judicial Circuit.
Filings here are routed through the County Clerk - Fiduciary / Probate. Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
You can file your probate documents in person or by mail. While attorneys are required to e-file in Marion County, families handling probate themselves are exempt and can file on paper.
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationNot every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Circuit Court is realistic.
For a full cost comparison and filing checklist, see the Marion 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, uncontested probate (wills, estate administration, inventories) is handled by the County Clerk's fiduciary/probate office, not the Circuit Court. Circuit Courts handle contested matters such as will contests and disputed estate proceedings.
Source: W. Va. Code 44-1-1 et seq.
Will custodian must deliver the will within 30 days of death
A person who has custody of a will must, within 30 days after learning of the testator's death, deliver the will to the County Clerk or to the executor named in the will. The will is then presented to the County Clerk to be admitted to probate; a certified copy of the death certificate is required.
Source: W. Va. Code 41-5-1
Small Estate Act: under $50,000 personal property, no real property
A small estate qualifies for the simplified affidavit process under the West Virginia Small Estate Act when the aggregate fair market value of all probate personal property does not exceed $50,000. Effective July 9, 2025 (HB 2867), an estate that includes any probate real property no longer qualifies as a small estate. No bond is required for small estates.
Source: W. Va. Code 44-1A-2
Estate appraisement and inventory due within 90 days
The personal representative must return the appraisement form (the original plus two copies) and the notarized nonprobate inventory to the County Clerk or fiduciary supervisor within 90 days of the date of qualification. The forms list all real estate, bank accounts, and personal property at fair market value.
Source: W. Va. Code 44-1-14
Before You Go
An appointment is required to file in person. Probate and estate administration is by appointment only; call the Fiduciary Office at 304-367-5457 to set a date and time. Wills must be filed in person within 30 days of death.
Cash, Check. Cash or check accepted for estate/recording fees.
To file at the Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
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 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 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
West Virginia allows informal probate, so many families settle straightforward estates in Marion 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 — typically 1.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source to 2.6%W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule). Allowance is made by the FIDUCIARY COMMISSIONER, not a court: "The fiduciary commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also ... a reasonable compensation." Fee vouchers are reviewed by the county commission (§ 44-3A-42(c)); a fiduciary commissioner may not charge the estate more than $300 without the personal representative's approval or a county-commission determination (§ 44-2-1(a)). Verified 2026-09-09.Verified Sep 9, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Marion 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.
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.
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