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.
What to Do When Someone Dies in Marion County, West Virginia
How probate works in Marion County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Marion County Circuit Court
Marion County · Twentieth Judicial Circuit
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
Marion County Courthouse, 219 Adams Street, Room 211, Fairmont, WV 26554
Website
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredProbate 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.
Self-represented filing
AllowedThe Fiduciary Office page lists what to bring to the appointment for an estate with a will and for one without a will, including the bond rules.
Accepted payment
- At the counterCash, Check.Recording fees are paid by cash or check.
Fax
1-304-367-5374
Departments
- County Clerk - Fiduciary / Probate1-304-367-5457 · 219 Adams Street, Room 111 · Monday-Friday 8:30 AM-4:30 PMThe Fiduciary Office is on the first floor of the Marion County Courthouse. The County Clerk's main line is 304-367-5445.
About the court
- Marion County is the only county in the Twentieth Judicial Circuit.
Verified October 15, 2026 · Source
How Probate Works in Marion 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 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.
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 Marion County
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.
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 Marion County are filed at the Circuit Court. File in person during business hours or by mail. The court sits in the Twentieth Judicial Circuit.
Beside the filing office, the court lists a separate line for County Clerk - Fiduciary / Probate.
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 Marion County Self-Filing Assessment.
Marion 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
The surety comes to the appointment; a property bond uses Marion County land
Where a bond is required, the Marion County Fiduciary Office takes a corporate bond, with the bonding agent present at the appointment, or a property bond from a friend or relative who owns unencumbered real estate in Marion County. Every owner of jointly held land signs, the administrator cannot bond with their own property, and the landowner obtains a Justification of Surety from the County Clerk first.
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 Marion County
In West Virginia a death is registered locally, and in Marion County certified copies of the death certificate are issued by Marion County Clerk, Record Room as well as by West Virginia Department of Health - Vital Registration Office.
Vital Records Office Record
County Clerk
Marion County · Marion County Clerk, Record Room
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
219 Adams Street, Fairmont, WV 26554
Website
P.O. Box 1267
Fairmont, WV 26554
Fax
1-304-367-5448
Local rule
- Certified copies are requested from the Record Room by phone or email, and the county application asks for a copy of a photo ID.
Certified copy fees
| First certified copy | $5 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Marion 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 Marion 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 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 Office Record
County Clerk
Marion County
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
219 Adams Street, Fairmont, WV 26554
Website
P.O. Box 1267
Fairmont, WV 26554
Fax
1-304-367-5448
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 Marion County
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, 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.
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.
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.
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.
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.
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.
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)
- Marion County Circuit Court, official page
- Marion County Clerk, official page
- Marion 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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