Estate Planning for Wayne County, West Virginia Property Owners

For most Wayne 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.

Record a TOD deedWhere to recordLocal attorneys

For a Wayne 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 Wayne 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, Wayne 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 Wayne County

A transfer on death deed names a beneficiary who receives Wayne 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.

Create a West Virginia TOD deed →Wayne County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Wayne County are recorded with the County Clerk at 700 Hendricks Street, Wayne, WV 25570. Phone: 1-304-272-6362. Hours: Monday-Wednesday, Friday 8:00 AM-4:00 PM; Thursday 8:00 AM-6:00 PM.

Documents submitted by mail go to P.O. Box 248, Wayne, WV 25570.

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 Wayne 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.

Wayne County accepts electronic recording through CSC.

Recording Office Record

County Clerk

Wayne County

Hours

Monday-Wednesday, Friday 8:00 AM-4:00 PM; Thursday 8:00 AM-6:00 PM

Office

700 Hendricks Street, Wayne, WV 25570

Open in Google Maps

Mail

P.O. Box 248 Wayne, WV 25570

Fax

1-304-272-5318

Verified October 17, 2026 · Source

Estate Planning Attorneys Serving Wayne County

FirmHuntington, WV

Campbell Woods, PLLC

Since 1935

Serves Cabell County and the tri-state area from Huntington, with a second office in Ashland, Kentucky. Handles probate from pre-appointment through appraisement forms, represents executors, beneficiaries and creditors, takes will contests and ancillary administrations, and prepares West Virginia small-estate filings. Established in 1935.

PracticesEstate PlanningProbateProbate LitigationTax Planningand 3 more

Office
1002 Third AvenueHuntington, WV 25701

FirmHuntington, WV

Dinsmore & Shohl LLP (Huntington)

Serves Cabell County and the tri-state area from its Huntington office, where partner M. Edward Cunningham II, an attorney, CPA and Certified Valuation Analyst, leads the estate planning work. The office handles wills, trust-based estate plans and gift and estate tax planning, and its litigators take will contests and fiduciary and beneficiary disputes.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more

Office
611 Third AvenueHuntington, WV 25701

FirmHuntington, WV

Edwards, Klein, Anderson, Shope & Walters, LLC

Serves Cabell County from Huntington, with a second West Virginia office in Spencer and offices in Ohio and Kentucky. Handles probate administration from probating the will and appointing the personal representative through the court inventory and final accounting, along with wills, trusts and powers of attorney. Managing partner Curtis B. Anderson sits on West Virginia's Probate Committee.

PracticesEstate PlanningProbateTax PlanningGuardianshipand 4 more

Office
1426 6th AvenueHuntington, WV 25701

FirmHuntington, WV

Jenkins Fenstermaker, PLLC

Since 1923

Serves Cabell County and the tri-state area from Huntington. Its wills, trusts and estates group handles estate administration and prepares guardianship and conservatorship petitions, along with wills, trusts and powers of attorney, for clients in West Virginia, Kentucky and Ohio. In practice since 1923.

PracticesEstate PlanningProbateConservatorshipGuardianship

Office
325 Eighth StreetHuntington, WV 25701

FirmPoint Pleasant, WV

Supple Law Office, PLLC

Since 2002

Serves Mason County and the tri-state area from Point Pleasant, with a second office in Bridgeport. Handles estate planning and estate administration alongside a bankruptcy-led practice. Cary Shinn Supple has been the appointed Fiduciary Commissioner for Mason County, presiding over probate matters, since January 2014.

PracticesEstate PlanningProbateBankruptcyReal Estate

Office
301 8th StreetPoint Pleasant, WV 25550
Virtual consultations

FirmCharleston, WV

Ray, Winton & Kelley, PLLC

Since 1897 · Serves the whole state

Serves Kanawha County and clients statewide from Charleston. Guides executors and trustees through probating a will, notifying creditors and distributing assets, drafts wills, trusts and transfer-on-death deeds, and represents clients in will contests and fiduciary-duty disputes. Managing member Christopher J. Winton was appointed Chair of the West Virginia State Bar Probate Committee in 2019.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more

Office
109 Capitol Street, Suite 700Charleston, WV 25301
See all 16 firms serving Wayne County →

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.

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Legal Sources

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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