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West Virginia Probate and Estate Forms

West Virginia does not publish a single statewide numbered probate form set the way Virginia does. Probate is opened by qualifying before the clerk of the county commission in the county where the decedent lived, and most estate forms (the qualification application, the list of heirs, and the settlement documents) are provided at the county level by the clerk and the fiduciary supervisor. The one genuinely statewide form set is the Estate Appraisement (Form ET 6.01) and Nonprobate Inventory (Form ET 6.02) furnished by the West Virginia State Tax Department.

West Virginia Probate Forms by Situation

Start with the West Virginia Secretary of State county clerk directory to reach your county's clerk of the county commission, then request that county's probate packet and the West Virginia State Tax Department Estate Appraisement (ET 6.01) and Nonprobate Inventory (ET 6.02) booklet.

Find Forms By Your Situation

Official Resources

Start with the West Virginia Secretary of State county clerk directory to reach your county's clerk of the county commission, then request that county's probate packet and the West Virginia State Tax Department Estate Appraisement (ET 6.01) and Nonprobate Inventory (ET 6.02) booklet.

West Virginia County Clerk Directory (county clerks provide the probate and fiduciary forms)

Official Secretary of State directory of every county clerk of the county commission. Probate is opened and estate forms are obtained at the county level, so this is the statewide entry point to the office that provides the forms.

West Virginia State Tax Department Forms (Estate Appraisement ET 6.01 and Nonprobate Inventory ET 6.02)

Official West Virginia Tax Division forms page that publishes the statewide Estate Appraisement (ET 6.01) and Nonprobate Inventory (ET 6.02) booklet filed with the county clerk within 90 days of qualification.

West Virginia Code Chapter 44 (Administration of Estates and Trusts)

Primary statutes governing qualification, the small estate affidavit, the appraisement, notice of administration, and settlement, used where a procedure is statute-prescribed rather than reduced to a numbered statewide form.

Important Notes

  • -Probate and qualification happen before the clerk of the county commission in the county where the decedent resided, not a separate probate court or a circuit court clerk.
  • -West Virginia does not publish a single statewide numbered probate form set; most forms are provided by each county clerk of the county commission and fiduciary supervisor, so verify the current county form before filing.
  • -The Estate Appraisement (ET 6.01) and Nonprobate Inventory (ET 6.02) are the statewide West Virginia State Tax Department forms and are due within 90 days of qualification.
  • -West Virginia imposes NO probate tax and NO state estate or inheritance tax; costs are per-document clerk recording and probate fees and, for referred estates, a fiduciary commissioner fee (capped at $300 plus expenses by default).
  • -Do not distribute estate assets before qualification, the 60-day creditor claim period, and any spousal elective share are understood.

Sources: West Virginia Secretary of State - County Clerk Directory | West Virginia State Tax Department - Forms (Estate Appraisement ET 6.01; Nonprobate Inventory ET 6.02)

Not sure which West Virginia forms you need?

Answer a few questions to sort the likely filing path before you pick forms or contact the Clerk of the County Commission.

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How to Use West Virginia Probate FormsWhy the filing path comes before the form number

The form finder groups records such as Probate and Qualification, Appraisement and Nonprobate Inventory, Settlement of the Estate, West Virginia Small Estate Act so you can start with the likely procedure rather than one isolated form number.

Use source links such as West Virginia County Clerk Directory (county clerks provide the probate and fiduciary forms), West Virginia State Tax Department Forms (Estate Appraisement ET 6.01 and Nonprobate Inventory ET 6.02), West Virginia Code Chapter 44 (Administration of Estates and Trusts) to locate official forms and verify which documents belong in the packet.

West Virginia Form Prep ChecksCounty packet rules and the records to gather before filing

Choose the filing path

Common filing paths in this data include Qualification, then appraisement and settlement, Small estate affidavit without appointment, Record the will and estate documents with the clerk of the county commission land records. Match the estate facts to the correct path before preparing forms.

Verify the county packet

Check the county Clerk of the County Commission or local filing-office instructions for coversheets, copy rules, appointments, fees, and filing methods.

Pull supporting records first

Collect the original will if one exists, certified death certificates, asset values, deed or title records, heir and beneficiary details, and creditor information before filling out the packet.

Frequently Asked Questions

Where can I get West Virginia probate forms?
Start with West Virginia County Clerk Directory (county clerks provide the probate and fiduciary forms), West Virginia State Tax Department Forms (Estate Appraisement ET 6.01 and Nonprobate Inventory ET 6.02), West Virginia Code Chapter 44 (Administration of Estates and Trusts). Then verify local county instructions before you file, because packet rules, copy requirements, fees, and filing methods can vary.
How do I know which West Virginia probate form I need?
Start with the filing path, not the form number. The right packet depends on will status, asset type and value, creditor issues, heirs or beneficiaries, and whether a simplified procedure fits.
Can I file West Virginia probate forms without an attorney?
Some paths may allow self-filing, but the answer still depends on the estate, the county office, disputes, real estate, creditors, and tax facts. Verify the county rules and get legal help when rights or strategy are unclear.
What should I gather before filling out West Virginia probate forms?
Gather the original will if one exists, certified death certificates, asset and debt lists, deed or title records, beneficiary records, and names and addresses for heirs or beneficiaries.
West Virginia Official Forms and SourcesOfficial references used for this page

Information current as of July 20, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in West Virginia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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