Serves Raleigh County from Prince Street in Beckley. Attorney Melanie Hicks handles the firm's estate planning alongside criminal defense, civil litigation and real estate work. The firm offers a free phone consultation.
Estate Planning for Pocahontas County, West Virginia Property Owners
For most Pocahontas County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Pocahontas County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Pocahontas County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Pocahontas County property passes through the Circuit Court — even simple West Virginia probates run 6+ months and start with about $76 in filing fees.
Record a Transfer-on-Death Deed in Pocahontas County
A transfer on death deed names a beneficiary who receives Pocahontas County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.
Before recording, a West Virginia transfer on death deed is signed with notary acknowledgmentW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's deathW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source.
Where to Record Property Documents
Deeds and other real property documents for Pocahontas County are recorded with the County Clerk at 900 C 10th Avenue, Marlinton, WV 24954. Phone: 1-304-799-4549. Hours: Monday-Friday 8:30 AM-4:30 PM.
The County Clerk charges $32 for the first 5 pages plus $1 for each page beyond 5. Recording a 2-page transfer on death deed in Pocahontas County comes to $32. The office also requires a Sales Listing Form (Declaration of Consideration or Value) with the deed, at no charge. A transfer on death deed is exempt from transfer tax.
Recording Office Record
County Clerk
Pocahontas County
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
900 C 10th Avenue, Marlinton, WV 24954
Website
Fax
1-304-799-6947
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
Estate Planning Attorneys Serving Pocahontas County
Serves Raleigh County from Main Street in Beckley. Handles probate and estates, wills and trusts, including the administration of trusts, alongside tax planning and financial exploitation cases.
Serves Greenbrier County from Washington Street East in Lewisburg. Litigates will contests over capacity, undue influence and execution, lost wills, omitted spouses and children, and disputes over a will's administration and the estate's accounting.
Serves Raleigh County from the firm's North Kanawha Street office in Beckley, one of three offices with Charleston and Lewisburg. Drafts wills and trusts, and handles trust administration, will and trust contests, probate and trust accountings, administrator appointments and guardianship proceedings.
Serves Randolph, Upshur, Barbour, Tucker, Pocahontas and Pendleton counties from Elkins. Assists executors with filing probate documents, collecting and distributing assets, paying creditors, re-titling assets and preparing final tax returns, and handles estate litigation. Prepares wills, durable and medical powers of attorney and living wills.
Serves Randolph, Tucker, Upshur, Barbour, Pocahontas, Grant, Pendleton, Lewis, Webster and Harrison counties from Elkins. Guides executors and administrators through West Virginia probate and handles guardianships and conservatorships, along with wills, testamentary trusts, powers of attorney and living wills. Attorney Jefferson L. Triplett is fluent in Spanish.
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
(2)·
Data sourced from West Virginia statutes and official state code. How we research.
Forms for Planning Your Estate in West Virginia
Free forms for planning your estate in West Virginia: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for West Virginia.
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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.
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Codicil to a Will
In West Virginia, a codicil is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, like a will.
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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.
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HIPAA Release
In West Virginia, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related informationW. Va. Code § 16-3C-3(a)(3)Verified Jun 19, 2026View source expressly before a provider releases it.
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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.
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Transfer on Death Deed
In West Virginia, a transfer on death deed is signed before a notaryW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source, then recorded with the county before the owner's deathW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source. West Virginia does not recognize a Lady Bird deed.
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Living Will
In West Virginia, the living will is the Living WillW. Va. Code Chapter 16, Article 30 (West Virginia Health Care Decisions Act), §§ 16-30-1 to 16-30-25; execution and forms § 16-30-4Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
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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.
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Tools for Planning Your Estate in West Virginia
Free tools for planning your estate in West Virginia: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for West Virginia.
How Do I Sign Estate Documents?
In West Virginia, a will is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, and notarization is not requiredW.Va. Code § 41-1-3Verified Oct 19, 2026View source.
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Will My Estate Documents Transfer?
West Virginia has no statute recognizing a will by the law of the place where it was signedW.Va. Code § 41-1-5Verified Oct 19, 2026View source, so a will used here is tested against its own rule: 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, and notarization is not requiredW.Va. Code § 41-1-3Verified Oct 19, 2026View source.
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Trust or Will: Which Costs Less?
In West Virginia, a will-based plan pays probate attorney fees of 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 the estate; a funded revocable trust keeps those assets out of probate and off that fee.
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How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in West Virginia runs $2,870Estimate: 10 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,305Estimate: 15 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
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How Much Does a Will Cost?
An attorney-prepared will in West Virginia runs $861Estimate: 3 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,722Estimate: 6 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $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.
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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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How Do I Name a Guardian for My Minor Children?
In West Virginia, a parent names a guardian for a minor child in a willW. Va. Code §§ 44-10-1, 44-10-2, 44-10-3Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18W. Va. Code § 2-3-1Verified Sep 16, 2026View source.
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Do I Need a Revocable Trust?
Probate in West Virginia takes 6 months to 9 months for a simple estate and charges attorney fees of 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 the estate; assets held in a revocable trust skip both.
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West Virginia Estate Planning Articles
Estate planning articles for West Virginia.
