Estate Planning & Probate in McDowell County, West Virginia
Most McDowell County estate questions come down to one fork: avoid probate before a death, or work through it after one. This page points you to the right path—planning ahead, or settling an estate at the Circuit Court.
Someone died — settling an estate
Filing probate at the Circuit Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in McDowell County→Planning ahead as a property owner
Keep a McDowell County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in McDowell County→The Probate Process in McDowell 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 McDowell County, probate runs through the Circuit Court at 90 Wyoming Street, Suite 201, Welch. The court sits in the Twelfth Judicial Circuit. McDowell County shares the Twelfth Judicial Circuit with Wyoming.
Full McDowell Countyprobate guide: cost, how to file & attorneys →Probate Court Record
Circuit Court
McDowell County · Twelfth Judicial Circuit
Recording Deeds & Property Documents
Recording Office Record
County Clerk
McDowell County · County Clerk · Donald L. Hicks
Address
Phone
Fax
E-recording
$32 for the first 5 pages plus $1 for each page beyond 5; required form fees may include Sales Listing Form (Declaration of Consideration or Value) ($0); TOD deeds are generally transfer-tax exempt.
Full recording details →Verified July 14, 2026 · Source
Frequently Asked Questions
The Circuit Court for McDowell County is located in Welch, West Virginia. Full address, phone, hours, and e-filing details are listed on this page.
Yes. E-filing is available but optional in McDowell County. Many families filing without an attorney prefer paper filing at the Circuit Court; both are accepted.
No. West Virginia allows estates under $50,000 to use a Small Estate Affidavit and skip formal probate. The waiting period is 60 days after death. Use the West Virginia probate decision tool to see if the estate qualifies.
When there is no will, West Virginia's intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The McDowell County probate court applies the state rules without variation. See who inherits in West Virginia for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the McDowell County probate docket. Create a revocable trust online to avoid putting your family through this process later.
West Virginia Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in McDowell County.
Is this your situation?
Get a complete guide for your specific circumstances.
