Estate Planning & Probate in Mercer County, West Virginia
Mercer County estate questions split two ways—planning so your family skips probate, or settling an estate that is already in it. Pick the path that fits, then work from the local Circuit Court details.
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 Mercer County →Planning ahead as a property owner
Keep a Mercer County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Mercer County →The Probate Process in Mercer 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 Mercer County, probate runs through the Circuit Court at Mercer County Courthouse, 1501 West Main Street, Suite 111, Princeton. The court sits in the Thirteenth Judicial Circuit.
Full Mercer County probate guide: cost, how to file & attorneys →Probate Court Record
Mercer County Circuit Court
Mercer County · Thirteenth Judicial Circuit
Phone
Hours
Office
Website
Self-represented filing
How to file probate in Mercer County →
Verified October 15, 2026 · Source
Recording Office Record
County Clerk
Mercer County
Phone
Hours
Office
Website
Recording fee
E-recording
Verified October 17, 2026 · Source
Vital Records Office Record
County Clerk
Mercer County · Mercer County Clerk's Office
Phone
Hours
Office
Website
Certified copy fee
Full death certificate details →
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Mercer County · Office of the Chief Medical Examiner
Phone
Hours
Office
Website
Serves this county
Full coroner or medical examiner details →
Verified November 2, 2026 · Source
Local Procedures at the 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.
Forms for Planning and Settling an Estate in West Virginia
Free West Virginia forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for West Virginia.
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.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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.
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.
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.
Tools for Planning and Settling an Estate in West Virginia
Free calculators and checklists to plan or settle an estate in West Virginia: will and trust costs, probate, executor pay 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.
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.
Do I Need Probate?
In West Virginia, estates with personal property of $50,000W.Va. Code § 44-1A-2Verified Sep 9, 2026View source or less use the Small Estate AffidavitW.Va. Code § 44-1A-2Verified Sep 9, 2026View source, 60 daysW.Va. Code § 44-1A-2Verified Sep 9, 2026View source after death, a court filing short of full probate.
Who Inherits Without a Will?
Without a will in West Virginia, a surviving spouse takes the entire estateW.Va. Code § 42-1-3Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationW.Va. Code § 42-1-3dVerified Oct 21, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in West Virginia costs an estimated $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. Attorney fees run 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 under a reasonable-compensation standard.
West Virginia Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Mercer County.
Is this your situation?
Get a complete guide for your specific circumstances.
