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
$32 for the first 5 pages plus $1 for each page beyond 5; a 2-page TOD deed records for $32; TOD deeds are exempt from transfer tax.
Full recording details →Verified September 9, 2026 · Source
Local Procedures at the 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. 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.
West Virginia Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in McDowell County.
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