Probate

The Jefferson County Clerk’s Office assists residents with the probate process, including filing wills and appointing personal representatives to administer estates. Whether a loved one passed away with or without a will, our Probate Department can help explain the steps involved and the information needed to begin.

What Is Probate?

Probate is the process of admitting a will to record with the County Clerk’s Office and qualifying a person to serve as the executor or administrator of a deceased person’s estate.

Probate is generally necessary when someone dies owning assets solely in their name without a joint owner with rights of survivorship, a designated beneficiary, or a pay-on-death designee. These assets may include real estate, personal property, bank accounts, stocks and bonds, retirement accounts, life insurance, and other securities.

The Probate Process

To begin probate in West Virginia, contact the County Clerk’s probate office in the county where the deceased person (decedent) lived at the time of death.

We recommend scheduling an appointment with one of our probate clerks before visiting to ensure you have the necessary documents and information. Immediate appointments may not be available in every situation.

Probate Department Contacts

Joseph Burwell

Deputy Probate Clerk

304-728-3210
joseph.d.burwell@jeffcowv.gov

Amanda Kemp

Deputy Probate Clerk

304-728-3230
amanda.f.kemp@jeffcowv.gov

Important: Our staff can assist with the probate process but cannot provide legal advice. An attorney is not required to probate an estate; however, complicated estate matters may require legal counsel.

Opening an Estate

The information and documents required to open an estate depend on whether the decedent left a will.

Probating an Estate With a Will (Testate)

To begin the process, bring the following:

  • A copy of the death certificate if the decedent died in West Virginia, or a certified copy if the decedent died outside West Virginia.
  • The original last will and testament and any codicils. The Clerk’s Office must retain the original.
  • Names and mailing addresses of all beneficiaries named in the will.
  • The approximate value of all personal property held solely in the decedent’s name, excluding real estate.

Will requirements and bond information:

  • A will does not have to be notarized but must be witnessed by two people. If it is not notarized, witness affidavits must be completed.
  • Wills typically waive the bond requirement. If the will does not waive the bond and there is more than one beneficiary, a surety bond will be required.

Options for posting a bond:

West Virginia residents have two options:

  1. Property Bond: A person who resides in West Virginia and holds title to real estate in the state may sign the bond. That person must obtain a Justification of Surety from the County Clerk in the county where the property is located. If the property is owned by multiple people, all owners must be present to sign.
  2. Corporate Surety Bond: Apply for a corporate surety bond through a West Virginia-licensed insurance agent.

Non-West Virginia residents may only apply for a corporate surety bond.

Opening fees vary but are typically between $80 and $100.

Before your appointment: Complete the checklist to help expedite the process.

Probating an Estate

To begin the process, bring the following:

  • A copy of the death certificate if the decedent died in West Virginia, or a certified copy if the decedent died outside West Virginia.
  • Names and mailing addresses of the heirs at law, such as a spouse, children, parents, or siblings.
  • The approximate value of all personal property held solely in the decedent’s name, excluding real estate.
i

Appointment Checklist

Testate – With a Will

i

Appointment Checklist

Intestate – Without a Will

Appointment timing:

If there is only one heir, an appointment may be made immediately after the decedent’s death.

If there is more than one heir, you must wait 30 days after the date of death unless all other heirs provide signed, notarized consent forms allowing the appointment to occur sooner.

After the 30-day waiting period, consent from the other heirs is not required.

Bond Requirements:

A bond is required when probating an estate without a will.

West Virginia residents have two options:

  1. Property Bond: A person who resides in West Virginia and holds title to real estate in the state may sign the bond. That person must obtain a Justification of Surety from the County Clerk in the county where the property is located. If the property is owned by multiple people, all owners must be present to sign.
  2. Corporate Surety Bond: Apply for a corporate surety bond through a West Virginia-licensed insurance agent.

Non-West Virginia residents may only apply for a corporate surety bond.

Opening fees typically range from $80 to $100, and additional bonding fees may apply.

Before your appointment: Complete the checklist to help expedite the process.

Small Estates

Some estates may qualify for the small estate process. The following requirements apply:

  • Total personal property must be less than $50,000.
  • The estate cannot include real estate that requires probate.
  • If there is a will, the successor must wait 30 days before beginning the process.
  • If there is no will, the successor must wait 60 days before beginning the process.

Fees vary but are typically between $14 and $50.

Complete the appropriate affidavit before your appointment.

i

Small Estate Affidavit

Testate – With a Will

i

Small Estate Affidavit

Intestate – Without a Will

Forms

i

Small Estate Affidavit Overview

i

Small Estate Affidavit

Testate – With a Will

i

Small Estate Affidavit

Intestate – Without a Will

i

Appraisement Form

Blank

i

Appraisement Form

Sample

i

Appointment Checklist

Testate – With a Will

i

Appointment Checklist

Intestate – Without a Will

Payment Information

The Jefferson County Clerk’s Office accepts credit card payments. A service fee of 2.5% of the total transaction, with a $2.00 minimum, applies to all credit card transactions.

We Accept:

Probate Terms & Definitions

Understanding common probate terminology can help you navigate the estate administration process.

Administrator:

A person appointed by and qualified before the Clerk to administer an estate when there is no will, when the will does not name an executor, or when the named executor cannot or does not serve.

Administrator CTA (Cum Testamento Annexo):

An administrator appointed to manage an estate with a will when all named executors are unable to serve because of death, incapacity, or renunciation.

Ancillary Administration:

Administration of an estate in a state other than the one where the decedent lived, generally to handle property owned in that state. This process may be completed remotely.

Beneficiary:

A person or organization entitled to receive a portion of an estate.

Bond:

A written document establishing an obligation to pay money if the person responsible for administering an estate does not properly perform their duties.

Certificate of Qualification:

A document issued by the Clerk when a person qualifies as executor or administrator. It confirms the person’s authority to act on behalf of the estate and is sometimes called Letters Testamentary.

Codicil:

An addition or amendment to an existing will that changes, explains, or revokes one or more of its provisions.

Creditor:

A person or organization to whom the decedent owed money.

Decedent:

The person who has died.

Estate:

The property and assets owned or controlled by the decedent at the time of death, including real estate, personal property, and other assets.

Executor:

The person named in a will to administer the estate. The named executor must qualify before the Clerk to accept the appointment.

Fiduciary:

A person in a position of trust who is responsible for another person’s property or interests. This term generally includes executors, administrators, and trustees.

Heirs at Law:

The person or people who would inherit the decedent’s estate if the decedent died without a will.

Holographic Will:

A will written entirely by the testator in their own handwriting and not witnessed or attested.

Intestate Estate:

An estate administered without a will.

Inventory:

A detailed list or schedule describing the property and assets of an estate.

Personal Representative:

The person responsible for administering an estate, either as an executor or administrator.

Probate:

The process of admitting a will to record and qualifying an executor or administrator. The term is also used to describe the overall administration of an estate.

Qualification:

The process through which a person is appointed by the Clerk to serve as executor or administrator of an estate.

Self-Proved Will:

A will that includes a notarized affidavit signed by the testator and attesting witnesses.

Successor:

The person who will administer a small estate.

Testator:

A person who dies leaving a will.

Testate Estate:

An estate administered according to a will.

Will:

A written document that states how a person wants their property distributed after death.

Have Questions?

Have a question about county government or need assistance connecting with the appropriate office? Contact us below.

Phone

304-728-3215

Email

countyclerkcontactus@jeffcowv.gov

Address

393 North Lawrence St, Suite 135
PO Box 208
Charles Town, WV 25414

}

Hours

Monday-Friday: 9:00 am – 5:00 pm