Clerk's Office

TESTATE

Estates with a Will

Please call for an appointment. 304-329-0070.

Please note: By WV Law a Will must be brought in to the County Clerk within 30 days after the death of the decedent.

Items to bring to the appointment:

• The original will. (We will keep this document when it’s recorded.)
• A list of names and addresses of ALL beneficiaries and heirs
• A copy of the Death Certificate if the deceased passed away within the State of West Virginia. (We will only review the copy- a certified copy will be issued to us from WV Vitals.)
• A Certified or Original Death Certificate if the deceased passed away in another state. (We will keep and record this Certificate.)
• Cash or check for recording fees. (May cost from $45.00 to $65.00 depending upon length of Will and number of appointment letters issued.)

Please note that handwritten Wills and Wills prepared in another State may require additional paperwork to record. More than on visit may be necessary to commence Probate. If the Will does NOT say for the executor to serve without bond, a surety bond will be required BEFORE Probate can begin. Please call the County Clerk’s office for assistance.

INTESTATE

Estates without a Will

Please call for an appointment. 304-329-0070.

FIRST Determine total value of the Estate – this would be all personal property belonging to the deceased solely or was titled in the deceased’s name only.

(This will determine the bond amount) $( )

SECOND You must be bonded before you can be appointed Administrator. Make arrangements with a Surety Company (the County Clerk can provide a list of companies) or with someone who owns real estate in Preston County, WV to encumber their property. Whoever will be bonding you must accompany you on your day of appointment.

ITEMS TO BRING TO YOUR APPOINTMENT

• A list of all names and addresses of the Heirs at Law of the decedent. (A Probate Clerk can assist you in determining who these heirs would be.)
• A certified copy or original Death Certificate. (We will keep and record this certificate if out of state.)
• Cash or Check for recording fees.
• Cash or Check for the surety Company, if applicable.

We are here to help you, please contact us with any questions or concerns.

Click on Forms for your convenience:

Remember these are basic forms, your specific situation may call for a different version.

• Estate Appraisement & Nonprobate Inventory
• Creditor Claim Form
• Claim Release Form
• Waiver of Final Settlement
• Report of Receipts, Disbursements and Distribution
• Nomination and Waiver for Appointment of Administrator