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Probate

When a person dies an estate is created. An estate includes property which the decedent owned, either real or personal. The law requires that someone must administer the estate. Administration is the process of paying the decedent's outstanding debts and distributing the remaining property to his or her heirs or beneficiaries. An estate should be administered in the county in which the person that died resided in. If an individual leaves no Last Will and Testament the person in charge of the administration is called an administrator if they are male, if the person in charge is female they are called an administratrix. When there is no Last Will and Testament, the decedent is said to have died intestate, and his or her property passes by statues called Laws of Intestacy. If an individual does leave a Last Will and Testament, the person in charge is called an executor if they are male. If the person in charge is female, they are called executrix. Because the person in charge holds a position of trust, they are also referred to as fiduciary.

Probate Forms

A Quick Overview of the Probate Process

  • The personal representative needs to bring the original Last Will and Testament, death certificate, if available, social security number and a list of the names and addresses of any beneficiaries or heirs of the estate to the County Clerk's Office.

  • You must have an appointment to open an estate. Request an appointment today!
  • The Clerk's Office will keep and record the original Last Will and Testament. We will gladly make copies available.
  • If there is no Last Will and Testament, the administrator should be prepared to post a bond. The Monroe County Clerk's Office uses Nationwide Insurance in Union as a bonding agent. Any agent who is licensed in the State of WV will be accepted.
  • The initial visit to our office should take about 30 minutes.
  • The amount of bond is determined by the total of probate assets of the estate.
  • Once the personal representative is qualified, they are then required to complete an "Estate Appraisement and Non-probate Inventory", which will be supplied to you by our office. You will have 90 days to complete this inventory.
  • Once the "Estate Appraisement and Non-probate Inventory" is returned to the Clerk's Office, a "Notice to Creditors" is placed in the local newspaper. This notice is required to be published for two consecutive weeks.
  • If the "Estate Appraisement and Non-probate Inventory" is not returned within 120 days then the Clerk's Office shall publish a "Notice to Creditors."
  • If an estate exceeds $200,000.00 in probate assets, the estate is referred to a Fiduciary Commissioner. The Fiduciary Commissioner will prepare the final settlement for the estate. Any creditor has 60 days from the first publication of the notice to file a claim against the estate.
  • Once the 60 day period has elapsed for filing a claim, the administrator or executor may file a final accounting of the estate. This final accounting will reflect the assets and expenditures of the estate. The final settlement is then presented to the County Commission for approval.
  • To veiw a more in depth brochure of the Probate Process, please Click Here

Small Estate Procedures

A West Virginia small estate affidavit is a form that allows heirs to collect assets of a deceased person without going through a lengthy probate process. The affidavit can be used if the decedent's estate is worth $50,000 or less in personal property and $100,000 or less in real property.  
To file a small estate affidavit, you'll need to:  

  • Complete the affidavit
  • Attach a copy of the death certificate
  • Attach the will, if applicable
  • File the affidavit with the county clerk's office in the county where the decedent resided

The timing for filing the affidavit depends on whether the decedent left a will and who is filing:  

  • With a will and the applicant is the named personal representative: File at least 30 days after the death
  • With a will and the applicant is not the named personal representative: File at least 60 days after the death
  • Without a will: File at least 60 days after the death

Once filed, the county clerk's office will review the affidavit to confirm that the estate qualifies as a small estate. If it does, the assets can be distributed to the successors.

Ancillary Estate Process

An ancillary estate in West Virginia is an estate where the decedent was a non-resident but owned real estate, oil, gas, or mineral interests in the state. Ancillary administration is the process of transferring these assets to the beneficiaries or heirs-at-law without requiring in-person administration of the estate.  

Here are some things to know about ancillary estates in West Virginia:

  • Who's responsible - The domiciliary personal representative is responsible for arranging the ancillary administration.  

  • What's required - The domiciliary personal representative must obtain authenticated copies of the estate records, including the will, from the county and state where the estate was initially probated.  

  • How to file - The original affidavit and attachments are filed in one county, and then certified copies are filed in other applicable counties.  

  • Objections - If an objection is filed, the County Court will schedule a hearing to adjudicate it.  

  • Notice - The County Clerk will enter and publish the notice in the Monroe Watchman, and mail it to interested parties.

Probate Fees

To qualify as the personal representative when there is no Last Will and Testament: $44.00.  The fees in this are as follows:

  • Application of Fidicuary ~ $12.00
  • Bond ~ $12.00
  • Publication ~ $20.00

You may be required to post a monetary bond.

To qualify as the personal representative when there is a Last Will and Testament, if the Last Will and Testament is five pages or less: $56.00 (Add $1.00 for each additional page of the Will.) You may be required to post a monetary bond.  The fees are as follows:

  • Application of Fidicuary ~ $12.00
  • Bond ~ $12.00
  • Will ~ $12.00
  • Publication ~ $20.00

Fee to record "Small Estate Affidavit ~ Intestate":  $12.00
Fee to record "Small Estate Affidavit ~ Testate": $12.00
Fee to record "Ancillary Estate Form":  $12.00
Fee to publish Ancillary Estate: $50.00
Fee to record "Estate Appraisement and Non-Probate Inventory": $12.00
Fee to record "Final Settlement" of estate: $17.00

To File A Claim Against an Estate

To file a claim against an estate, a claim form must be sent to the County Clerk along with $6.00 to record the claim.

An In Depth Explanation of the Probate Process

For a booklet explaining the Probate Process published by Donald J. Evans, former County Clerk, of the Estate Process, please click here.

 

Fidicuary Commissioners

A Fiduciary Commissioner in West Virginia is someone who is appointed by the county commission to oversee fiduciary matters and disputes:  

  • Responsibilities: Fiduciary commissioners are responsible for a variety of duties, including:
    • Settling accounts with the County Clerk
    • Filing reports with the county clerk on the status of active cases
    • Ensuring that deadlines are met
    • Hearing evidence from interested parties in estate controversies
    • Issuing a finding of fact and/or law to the Commission on the law governing the decision of the matter
  • Appointment: The County Commission appoints Fiduciary Commissioners.
  • Removal: The County Commission can remove Fiduciary Commissioners who consistently fail to meet deadlines.
  • Fees: Fiduciary Commissioners are allowed to charge a fee for their services.
  • History: The office of Fiduciary Commissioner was previously known as Commissioner of Accounts

The County Commission may refer a matter to a Fiduciary Commissioner if there is a controversy in connection with the probate of a will, the appointment of a personal representative, or the settlement of a fiduciary's accounts.  The county currently has two (2) Fidicuary Commissioners, Debra Dalton and Rick Morrow.

Notary Public

Free Notary Public Service is provided by the County Clerk's Office. You must present identification if the County Clerk's Staff doesn't personally know you.

Questions

Please contact our Probate Clerk at (304) 772-3096 Extension 3 with any questions.

Staff

Julie Simpson Julie Simpson
Probate Clerk