What to Do When Someone Dies in Nicholas County, West Virginia
Probate in Nicholas 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 Nicholas 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
Circuit Court
Nicholas County · Sixteenth Judicial Circuit
Address
Phone
Fax
Hours
Departments
- County Clerk - Probate / Fiduciary304-872-7820Office hours Monday-Friday 8:30am-4:30pm. In West Virginia, admitting a will and opening an estate are handled by the County Clerk, not the Circuit Court.
Nicholas County is the only county in the Sixteenth Judicial Circuit.
Verified July 3, 2026 · Source
How Probate Works in Nicholas 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 Nicholas County, probate runs through the Circuit Court at Nicholas County Courthouse, 700 Main Street, Suite 5, Summersville. The court sits in the Sixteenth 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 monthsW.Va. Code §§ 44-1A-1Verified Jul 14, 2026View source to 15 monthsW.Va. Code §§ 44-1A-1Verified Jul 14, 2026View source to move through this process. The 2 monthsW.Va. Code § 44-1-14aVerified Jul 14, 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 Nicholas County
What probate costs in Nicholas 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 Nicholas County Courthouse, 700 Main Street, Suite 5, Summersville. The court is part of the Sixteenth Judicial Circuit.
Probate matters are handled through the County Clerk - Probate / Fiduciary. Filing and payment go through these offices, not the main clerk window.
Local procedures at this court: Probate handled by County Clerk, not Circuit Court; Will custodian must deliver the will within 30 days of death; 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 Jul 14, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Circuit Court accepts e-filing (https://efile.courtswva.com). Paper filing remains available for self-represented filers.
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)Verified Jul 14, 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)Verified Jul 14, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in West Virginia, typically 2%W.Va. Code § 44-4-12A (5% on first $100K, 4% on $100K-$400K, 3% on $400K-$800K, 2% above $800K; plus 1% on unsold real estate and non-administered federally taxable property per § 44-4-12A(b))Verified Jul 14, 2026View source to 5%W.Va. Code § 44-4-12A (5% on first $100K, 4% on $100K-$400K, 3% on $400K-$800K, 2% above $800K; plus 1% on unsold real estate and non-administered federally taxable property per § 44-4-12A(b))Verified Jul 14, 2026View source of estate value. 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 Jul 14, 2026View source of estate value annually.
Probate in West Virginia typically runs 9 monthsW.Va. Code §§ 44-1A-1Verified Jul 14, 2026View source to 15 monthsW.Va. Code §§ 44-1A-1Verified Jul 14, 2026View source, and costs accrue throughout. The 2 monthsW.Va. Code § 44-1-14aVerified Jul 14, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Circuit Court
Probate documents in Nicholas County can be filed in person at the Circuit Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the Sixteenth Judicial Circuit.
Filings here are routed through the County Clerk - Probate / Fiduciary. 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 at the court or by mail.
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 InformationCan You File Without an Attorney?
Not 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 Nicholas County Self-Filing Assessment.
Nicholas 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, 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
Document Requirements
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
What to Bring
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.
Transferring Property in Nicholas County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the County Clerk.
Recording Office Record
County Clerk
Nicholas County · County Clerk · Robert Painter II
Address
Phone
Fax
Hours
E-recording
Recording fees
| Base fee (first 5 pages) | $32 |
| Each page beyond 5 | $1 |
| Sales Listing Form (Declaration of Consideration or Value)RequiredDeeds and other documents offered for recordation under W. Va. Code 11-22No fee. W. Va. Code 11-22-6: the clerk "may not record any document with or without stamps affixed unless there is tendered with the document a completed and verified sales listing form for the benefit and use of the State Tax Commissioner." Preprinted forms are supplied to each county clerk by the State Tax Commissioner. | $0 |
Fee model: $32.00 records a deed of up to 5 pages — $30.00 under W. Va. Code 59-1-10(a)(1) plus the $2.00 records-preservation fee under W. Va. Code 5A-8-15(h). Each page over 5 costs $1.00 (59-1-10(a)(7)), and documents of 20+ pages add $1.00 for each additional 10 pages (5A-8-15(h)). Fees are set by statute and are uniform across all 55 counties; only the county excise-tax rate varies locally. Verified 2026-07-14 against code.wvlegislature.gov and the Monongalia County Clerk fee schedule effective July 1, 2025.
W. Va. Code 59-1-10(a)(1), (a)(7); W. Va. Code 5A-8-15(h)
Transfer tax
Excise tax on the privilege of transferring title to real estate: $1.10 per $500 of value ($2.20 per $1,000) (W. Va. Code 11-22-2(a)). Since July 1, 2025 this tax is retained by the county where it is collected. An additional $20 fee is assessed on the privilege of transferring real estate for consideration, deposited in the Affordable Housing Fund (W. Va. Code 11-22-2(a)). State; Additional COUNTY excise tax, which VARIES BY COUNTY: statutory base of $0.55 per $500 ($1.10 per $1,000); since July 1, 2017 a county commission may vote to increase it to as much as $1.65 per $500 ($3.30 per $1,000) (W. Va. Code 11-22-2(b)). Combined state + county therefore ranges from $3.30 per $1,000 to $5.50 per $1,000 depending on the county. Confirm the local rate with the county clerk. local. Transfer-on-death deeds are generally exempt (W. Va. Code 36-12-9(3): "notwithstanding section two, article twenty-two, chapter eleven of this code, a transfer on death deed is exempt from the payment of excise tax on the privilege of transferring real estate for the reason that no interest in the property is at the time of recording being passed to the beneficiary and the deed remains revocable until the death of the transferor." The exemption is express and statutory, not inferred.). The exemption is written into the TOD Deed Act itself and overrides W. Va. Code 11-22-2. No excise tax and no stamps are due when the TOD deed is recorded.
Verified July 14, 2026 · Source
Probate Attorneys Serving Nicholas County
West Virginia allows informal probate, so many families settle straightforward estates in Nicholas 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)Verified Jul 14, 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)Verified Jul 14, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Nicholas 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.
Southeastern West Virginia Firms
Steve Hunter Associates, L.C.
Solo PracticeGeneral practice firm serving Greenbrier, Monroe, Pocahontas, and Nicholas Counties for over 45 years, with emphasis on estate planning. Former Prosecuting Attorney and County Commissioner of Pocahontas County.
Location
209 North Court StreetLewisburg, WV 24901
Phone
(304) 645-4622
Service Area
4 counties
Dunlap & Hicks, PLLC
FirmA Beckley-based firm led by attorney Robert Dunlap with nearly two decades of experience providing comprehensive estate planning including trusts, wills, elder law, and guardianships.
Location
345 Prince StreetBeckley, WV 25801
Phone
(304) 255-4762
Richardson & Davis, PLLC
FirmEstablished Bluefield firm serving Mercer County and the broader Southeastern region with probate administration and estate planning services. AV Preeminent rated by Martindale-Hubbell.
Location
307 Federal Street, Suite 100Bluefield, WV 24701
Phone
(304) 327-7158
Smith, Lilly & Ball, PLLC
FirmFull-service firm established in 1968 serving Mercer, Raleigh, Summers, McDowell, and surrounding counties. Their estate planning team assists with living wills, trusts, powers of attorney, beneficiary designations, and probate litigation.
Location
1421 Princeton AvenuePrinceton, WV 24740
Phone
(304) 425-2196
Established
1968
Taylor, Hinkle & Taylor, Attorneys at Law Inc.
FirmA downtown Beckley firm with three partners combining 40+ years of experience offering wills, trusts, and estate drafting services throughout Southern West Virginia including Beckley, Mt. Hope, Oak Hill, and Fayetteville.
Location
115 1/2 S. Kanawha StreetBeckley, WV 25801
Phone
(304) 894-8733
Wooton Davis Hussell & Johnson (Beckley)
FirmBeckley office of leading West Virginia trust and estate firm. Serves Raleigh, Fayette, and surrounding counties with estate planning, asset protection, and probate litigation.
Location
201 N. Kanawha StreetBeckley, WV 25801
Phone
(304) 255-2188
Statewide Practices
Pullin, Fowler, Flanagan, Brown & Poe, PLLC
FirmDrafts wills and provides probate representation for clients throughout West Virginia. AV-rated firm with nearly 25 attorneys across four offices.
Location
901 Quarrier StreetCharleston, WV 25301
Phone
(304) 344-0100
Established
1989
Service Area
Statewide
Wooton, Davis, Hussell & Johnson, PLLC
FirmLeading trust and estate firm in West Virginia with attorneys who prepare estate planning documents and resolve probate and trust administration disputes.
Location
300 Summers Street, Suite 1230Charleston, WV 25301
Phone
(304) 407-2249
Service Area
Statewide
Jarvis Law Office (West Virginia)
FirmOhio-based estate planning and elder law firm founded in 2003 serving West Virginia statewide. Covers Charleston, Morgantown, Wheeling, Huntington, Parkersburg, and Beckley. Works with Charleston Area Medical Center and Huntington VA Medical Center. Flat-fee pricing model with free statewide seminars.
Location
904 N. Columbus StreetLancaster, OH 43130
Phone
(740) 639-5303
Established
2003
Service Area
Statewide
Bowles Rice LLP
FirmFounded in 1920, Bowles Rice is a full-service law firm with 100+ attorneys. Their Private Client Services team of 14 attorneys provides estate and gift taxation, charitable giving, probate and trust law, special needs planning, and advance directives across six offices.
Location
600 Quarrier StreetCharleston, WV 25301
Phone
(304) 347-1100
Established
1920
Service Area
Statewide
Bailey & Slotnick, PLLC
FirmFull-service real estate and estate planning firm with two offices in the Kanawha Valley/Putnam County area. Drafts wills and trusts and assists clients with living wills, powers of attorney, and advance healthcare directives. Serves all 55 WV counties.
Location
500 Virginia Street East, Suite 600Charleston, WV 25301
Phone
(304) 345-4222
Service Area
Statewide
Spilman Thomas & Battle, PLLC
FirmMulti-state regional firm with a Wills, Estates & Trusts practice and Private Client Services group. The Charleston office serves clients across West Virginia.
Location
300 Kanawha Boulevard, EastCharleston, WV 25301
Phone
(304) 340-3800
Service Area
Statewide
Robinson & McElwee PLLC
FirmEstablished West Virginia firm with a Wealth Transfer Planning practice covering estate planning, trusts, and business succession. Charleston headquarters with additional offices in Wheeling and Clarksburg.
Location
700 Virginia Street East, Suite 400Charleston, WV 25301
Phone
(304) 344-5800
Service Area
Statewide
Frazier & Oxley, L.C.
FirmEstablished around 1960, offers a full complement of services in estate planning and litigation, proudly serving the entire state of West Virginia for over 65 years with 100+ years of combined experience.
Location
320 9th Street, Suite 200Huntington, WV 25701
Phone
(304) 486-3501
Established
1960
Service Area
Statewide
Bouchillon, Crossan & Colburn, L.C.
FirmBouchillon, Crossan & Colburn handles a broad range of estate matters for clients in Huntington, working personally with individuals to establish estate planning documents and guiding them through probate and estate administration.
Location
731 Fifth AvenueHuntington, WV 25701
Phone
(304) 521-4636
Service Area
Statewide
Jenkins Fenstermaker, PLLC
FirmFounded in 1923, Jenkins Fenstermaker has over 100 years of legal experience. Their wills, trusts, and estates group provides forward-thinking estate planning strategies, serving clients across West Virginia, Kentucky, and Ohio.
Location
325 Eighth StreetHuntington, WV 25701
Phone
(304) 523-2100
Established
1923
Service Area
Statewide
Steptoe & Johnson PLLC (Huntington)
FirmSteptoe & Johnson is a major regional law firm established in 1913 with offices across multiple states. The Huntington office opened in 2003 and provides Private Client / Wealth Management services including estate planning, trusts, and probate administration.
Location
825 Third Avenue, Suite 400Huntington, WV 25701
Phone
(304) 522-8290
Established
1913
Service Area
Statewide
Dinsmore & Shohl LLP (Huntington)
FirmNational law firm with a Tax, Benefits, and Wealth Planning practice group covering estate planning, trust and estate administration, and fiduciary services. Huntington office serves clients across West Virginia, Kentucky, and Ohio.
Location
611 Third AvenueHuntington, WV 25701
Phone
(304) 529-6181
Service Area
Statewide
Thomas E. McIntire & Associates, L.C.
FirmHeadquartered in Wheeling, Thomas E. McIntire & Associates serves all of West Virginia with comprehensive estate planning including wills, revocable living trusts, irrevocable trusts, powers of attorney, and special needs planning.
Location
82 1/2 14th StreetWheeling, WV 26003
Phone
(304) 232-8600
Service Area
Statewide
Steptoe & Johnson PLLC (Wheeling)
FirmSteptoe & Johnson is a major regional law firm established in 1913. The Wheeling office opened in 1994 and occupies the historic Fort Henry Building. Provides Private Client / Wealth Management services including estate planning, trusts, and probate.
Location
1324 Chapline Street, Suite 100Wheeling, WV 26003
Phone
(304) 233-0000
Established
1913
Service Area
Statewide
Dinsmore & Shohl LLP (Wheeling)
FirmNational law firm with a Tax, Benefits, and Wealth Planning practice group covering estate planning, trust and estate administration, and fiduciary services. Wheeling office serves clients across West Virginia, Pennsylvania, and Ohio.
Location
2100 Market Street, Bennett SquareWheeling, WV 26003
Phone
(304) 230-1700
Service Area
Statewide
Robinson & McElwee PLLC (Wheeling)
FirmNorthern Panhandle office of Robinson & McElwee. The firm's Wealth Transfer Planning practice covers estate planning, trusts, and business succession across West Virginia and eastern Ohio.
Location
2001 Main Street, Suite 203Wheeling, WV 26003
Phone
(304) 344-5800
Service Area
Statewide
Flaherty Sensabaugh Bonasso PLLC
FirmMulti-office West Virginia law firm with a dedicated estate and trust law practice. Counsel Richard R. Marsh focuses on trust and estate planning, administration, and litigation, and is recognized by Best Lawyers in America for Trusts and Estates.
Location
48 Donley Street, Suite 501Morgantown, WV 26501
Phone
(304) 598-0788
Service Area
Statewide
Katz, Kantor, Stonestreet & Buckner, PLLC
FirmThe largest firm in southern West Virginia practicing estate planning, established in 1931 and serving clients for nearly a century. Offices in Princeton and Charleston.
Location
206 South Walker StreetPrinceton, WV 24740
Phone
(304) 898-8499
Established
1931
Service Area
Statewide
Steptoe & Johnson PLLC (Martinsburg)
FirmSteptoe & Johnson is a major regional law firm established in 1913 with 18 offices across 7 states. Their Private Client/Wealth Management group provides comprehensive estate planning services. The Martinsburg office has served the Eastern Panhandle since 1990.
Location
1250 Edwin Miller Boulevard, Suite 300Martinsburg, WV 25404
Phone
(304) 263-6991
Established
1913
Service Area
Statewide
Summers & Associates
FirmA Parkersburg firm serving both West Virginia and Ohio with estate planning, probate, and guardianship services. Helps clients avoid probate, reduce tax burdens, and protect assets through trusts and comprehensive estate plans.
Location
3301 Dudley AvenueParkersburg, WV 26104
Phone
(304) 420-0975
Service Area
Statewide
Isner Law Office
FirmA comprehensive estate planning firm in Elkins with over 24 years of experience, offering a full range of trust and estate services including special needs trusts, business succession planning, and estate-related litigation.
Location
44 S. Randolph AvenueElkins, WV 26241
Phone
(304) 636-7681
Service Area
Statewide
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
- W. Va. Code § 44-3A-42; county clerk fee schedules (locally set)
- W.Va. Code § 44-1-14a
- 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)
- W.Va. Code § 44-4-12 (attorney fees allowed as reasonable expenses of the fiduciary; no statutory attorney fee schedule)
- W.Va. Code § 44-4-12A (5% on first $100K, 4% on $100K-$400K, 3% on $400K-$800K, 2% above $800K; plus 1% on unsold real estate and non-administered federally taxable property per § 44-4-12A(b))
- W.Va. Code §§ 44-1A-1
Data sourced from West Virginia statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Circuit Court in Nicholas County, attaching the original will (if any), the death certificate, and the filing fee (about $245). Once the court issues letters, the personal representative can act.
Total probate costs on a $500,000 estate run about $32,850 statewide in West Virginia. For Nicholas County, that means filing fees (about $245 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The Circuit Court in Nicholas County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The West Virginia self-filing assessment scores whether this estate can be handled without one.
A simple West Virginia probate typically closes in 6–9 months; average estates run 9–15 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Nicholas County probate.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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