Serves Wood, Pleasants, Ritchie, Wirt, Jackson, Tyler, Doddridge and Mason counties from Parkersburg. Prepares wills, trusts and financial and medical powers of attorney, and plans for long-term care costs through trusts and gift deeds of property to the next generation.
What to Do When Someone Dies in Tyler County, West Virginia
How probate works in Tyler County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Tyler County Circuit Court
Tyler County · Second Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
Tyler County Courthouse, 121 Main Street, Middlebourne, WV 26149
Website
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredCall 304-758-4104 to schedule an appointment to open an estate, and arrive no later than 3:00pm. Bring a certified copy of the death certificate (or the obituary if the certificate is not yet available), the original will and any codicil, the decedent's Social Security number, and the names and addresses of the heirs.
Self-represented filing
AllowedThe County Clerk's page lists what to bring to open an estate and carries the Estate Appraisement and Non-Probate Inventory form with its instructions.
County forms
- Estate Appraisement and Non-Probate InventoryReport estate and nonprobate assets at fair market value
P.O. Box 8
Middlebourne, WV 26149
Fax
1-304-758-4008
Departments
- County Clerk - Fiduciary & Probate1-304-758-2102 ext. 3 · 350 Park Avenue · Monday-Friday 8:00 AM-4:00 PMThe Fiduciary & Probate department takes appointments at 304-758-4104. Probate is a County Clerk function, not a Circuit Court matter.
About the court
- Tyler County shares the Second Judicial Circuit with Marshall and Wetzel Counties.
Verified October 15, 2026 · Source
How Probate Works in Tyler 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 Tyler County, probate runs through the Circuit Court at Tyler County Courthouse, 121 Main Street, Middlebourne. The court sits in the Second Judicial Circuit. The same Second Judicial Circuit also serves Marshall and Wetzel.
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 months to 15 months to move through this process. Creditors have 2 monthsW. Va. Code §§ 44-1-14a, 44-2-4, 44-2-21, 44-2-26Verified Oct 19, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Tyler County
What probate costs in Tyler 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 Tyler County Courthouse, 121 Main Street, Middlebourne. The court is part of the Second Judicial Circuit.
West Virginia's county clerk records the application, the will or bond, the appraisement and the settlement waiver at $12 each and issues a $2.50 certificate, about $51. In counties with a fiduciary supervisor the commission may add a qualification fee of up to $25, $100 or $175 by the estate's gross assets, so posted totals run from about $71 to $226. The $20 clerk publication fee and any fiduciary commissioner's fee are separateW. Va. Code §§ 44-3A-42, 59-1-10, 5A-8-15, 44-2-1Verified Oct 17, 2026. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in West Virginia are negotiated, 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 estate value. Flat-fee arrangements are common for straightforward estates.
West Virginia sets executor compensation by statute — about $20,000 on a $500,000 estate, roughly 4.0%W.Va. Code § 44-4-12a(a) (5% first $100K, 4% to $400K, 3% to $800K, 2% above $800K, on personal estate and real estate sold); §§ 44-4-12a(b) (unsold real estate 1%), 44-4-12a(d), 44-4-12a(f)Verified Sep 9, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
West Virginia requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under W.Va. Code § 44-1-6 (bond required unless excused by § 44-1-8); § 44-1-7 (penalty at least the full value of the personal estate); § 44-1-8 (will may direct no bond; no surety for a sole distributee)Verified Sep 9, 2026View source of estate value annually.
Probate in West Virginia typically runs 9 months to 15 months, and costs accrue throughout that period.
How to File Probate at the Circuit Court
Probate cases in Tyler County are filed at the Circuit Court. File in person during business hours or by mail. The court sits in the Second Judicial Circuit.
Beside the filing office, the court lists a separate line for County Clerk - Fiduciary & Probate.
Can You File Without an Attorney?
West Virginia has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableW.Va. Code § 44-12-1 (clerk of the county commission admits wills and qualifies executors and administrators in vacation, ex parte); § 44-1-4(a) (the county commission or its clerk during recess)Verified Sep 9, 2026View source.
For a full cost comparison and filing checklist, see the Tyler County Self-Filing Assessment.
Tyler 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, 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.
SourceDocument Requirements
Surety for an administrator where there is no will
Where there is no will, the person being appointed brings someone else who owns real estate in West Virginia to the appointment. An out-of-state resident is bonded through a bonding insurance company.
SourceWhat to Bring
Filed with the opening petition at the Circuit Court: Certified copy of the death certificate (W. Va. Code §44-1-30); Original will and any codicils, delivered to the clerk of the county commission within 30 days after the death is known to the custodian (W. Va. Code §41-5-1); Oath of executor (W. Va. Code §44-1-3) or oath of administrator (W. Va. Code §44-1-6), signed at qualification; Affidavit showing heirs, distributees, devisees, and legatees (W. Va. Code §44-1-13); Fiduciary bond unless waived (W. Va. Code §§ 44-1-6, 44-1-8)W. Va. Code §§ 44-1-1 to 44-1-14 (qualification, oath, bond, letters); § 44-1-31 (oath/bond may be taken before any officer authorized to administer oaths); §§ 41-5-1 et seq. (admission of wills to probate); § 44-1-4 (intestate administration & priority)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Tyler County
In West Virginia a death is registered locally, and in Tyler County certified copies of the death certificate are issued by Tyler County Clerk's Office as well as by West Virginia Department of Health - Vital Registration Office.
Vital Records Office Record
County Clerk
Tyler County · Tyler County Clerk's Office
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
350 Park Avenue, Middlebourne, WV 26149
Website
Certified copies
At the counter
P.O. Box 66
Middlebourne, WV 26149
Fax
1-304-758-2126
Local rule
- Proper identification is required in person. A mail request carries a copy of a valid driver's license, a check or money order and a self-addressed stamped envelope.
Certified copy fees
| First certified copy | $5 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Tyler County · Office of the Chief Medical Examiner
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
619 Virginia Street West, Charleston, WV 25302
Website
Serves this county
Office of the Chief Medical Examiner
Verified November 2, 2026 · Source
Transferring Property in Tyler County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.
Deeds and other real property documents for Tyler County are recorded with the County Clerk at 350 Park Avenue, Middlebourne, WV 26149. Phone: 1-304-758-2102 ext. 3. Hours: Monday-Friday 8:00 AM-4:00 PM.
Documents submitted by mail go to P.O. Box 66, Middlebourne, WV 26149.
The County Clerk charges $32 for the first 5 pages plus $1 for each page beyond 5.
Recording Office Record
County Clerk
Tyler County
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
350 Park Avenue, Middlebourne, WV 26149
Website
P.O. Box 66
Middlebourne, WV 26149
Fax
1-304-758-2126
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)
Document format requirements
- County rulea 2-inch top margin on the first page
Verified October 17, 2026 · Source
Probate Attorneys Serving Tyler County
West Virginia allows informal probate, so many families settle straightforward estates in Tyler 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, billed hourly or as a flat fee. Ask a Tyler 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.
Serves Wood County from Parkersburg. Drafts wills and trusts as one of three primary practice areas alongside family law and criminal defense. Founder Ginny Conley served twelve years as Wood County Prosecuting Attorney.
Serves Wood County from Parkersburg, with estate work in both West Virginia and Ohio. Guides executors through probate from validating the will to distributing assets, and administers estates and trusts as fiduciary. Sells fixed estate-plan packages that include a transfer on death deed.
Serves Wood County from Parkersburg, with a second office in Roane County. Prepares wills, powers of attorney and living wills, handles probate, and does Medicaid planning alongside a residential and commercial real estate practice.
Serves Wood County from downtown Parkersburg. Handles estate administration and beneficiary disputes in probate, litigates will, trust and estate disputes, and prepares wills, trusts and transfer on death deeds. Also licensed in all Ohio state courts.
Serves Ohio, Brooke, Marshall, Wetzel and Tyler counties from National Road in Wheeling. Frank A. Jackson settles decedents' estates and drafts wills, testamentary, living, insurance and charitable trusts, and medical and financial powers of attorney, and also forms and operates charitable organizations.
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
(9)·
- W. Va. Code §§ 44-1-1 to 44-1-14 (qualification, oath, bond, letters); § 44-1-31 (oath/bond may be taken before any officer authorized to administer oaths); §§ 41-5-1 et seq. (admission of wills to probate); § 44-1-4 (intestate administration & priority)
- W. Va. Code §§ 44-1-14a, 44-2-4, 44-2-21, 44-2-26
- W. Va. Code §§ 44-3A-42, 59-1-10, 5A-8-15, 44-2-1
- W.Va. Code § 44-12-1 (clerk of the county commission admits wills and qualifies executors and administrators in vacation, ex parte); § 44-1-4(a) (the county commission or its clerk during recess)
- W.Va. Code § 44-4-12a(a) (5% first $100K, 4% to $400K, 3% to $800K, 2% above $800K, on personal estate and real estate sold); §§ 44-4-12a(b) (unsold real estate 1%), 44-4-12a(d), 44-4-12a(f)
- W. Va. Code 59-1-10(a)(1), (a)(7); W. Va. Code 5A-8-15(h)
- Tyler County Circuit Court, official page
- Tyler County Clerk, official page
- Tyler County vital records and death investigation offices, official page
Data sourced from West Virginia statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in West Virginia
Free tools for settling an estate in West Virginia: whether probate is needed, executor and trustee pay, creditor deadlines 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.
See the Steps
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.
See the Steps
Can I Self-File Probate?
West Virginia has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableW.Va. Code § 44-12-1 (clerk of the county commission admits wills and qualifies executors and administrators in vacation, ex parte); § 44-1-4(a) (the county commission or its clerk during recess)Verified Sep 9, 2026View source.
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