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Use This County Probate Reference Before You File

This page is built for the detailed county-level checks that generic probate guides usually miss: local filing fees, Clerk of the County Commission contact details, administrative orders, e-filing rules, and hearing logistics for Upshur County.

Local Fee Schedule

Review county-specific probate filing charges before you estimate total case cost.

Court Rules and Orders

Check the local rules, judge procedures, and administrative orders that can change how a case moves.

Clerk and Filing Logistics

Confirm where to file, whether e-filing is allowed, and how hearings or notices are handled locally.

Upshur County Clerk of the County Commission Guide

18th Judicial Circuit of West Virginia · Clerk of the County Commission information · Updated July 2026

(304) 472-1068Clerk of the County Commission

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Filing & Fees

Fee Schedule Signals

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Probate Filing Fees

Filing TypeFee
Formal Administration
Standard probate for larger estates
$10

Note: West Virginia charges NO state or local probate tax and no state estate or inheritance tax. The clerk of the county commission collects flat statutory recording fees under W. Va. Code 59-1-10 (about $10 per document or writing not otherwise specified, plus $1 for each page over five pages) for the will, oath, bond, list of heirs, and appraisement; a $20 clerk fee to publish the notice of administration (W. Va. Code 44-1-14a); and a $10 fiduciary supervisor short form settlement fee (W. Va. Code 44-3A-4a). Because an estate records several instruments, the bundled cost to open a full estate commonly runs about $44 to $100 depending on will length, and small estates cost less. Estates over $200,000, or those referred or contested, also pay a fiduciary commissioner fee capped at $300 plus expenses by default (W. Va. Code 44-2-1). The personal representative's commission is a statutory value-bracket scale under W. Va. Code 44-4-12a (5% of the first $100,000, then 4%, 3%, and 2%). The $10 figures above are the flat statutory per-instrument clerk recording fee, not a single all-in filing charge. Verify the current opening fee with the Upshur County Clerk (clerk of the county commission) before filing.

West Virginia charges NO state or local probate tax and no state estate or inheritance tax. The clerk of the county commission collects flat statutory recording fees under W. Va. Code 59-1-10 (about $10 per document or writing not otherwise specified, plus $1 for each page over five pages) for the will, oath, bond, list of heirs, and appraisement; a $20 clerk fee to publish the notice of administration (W. Va. Code 44-1-14a); and a $10 fiduciary supervisor short form settlement fee (W. Va. Code 44-3A-4a). Because an estate records several instruments, the bundled cost to open a full estate commonly runs about $44 to $100 depending on will length, and small estates cost less. Estates over $200,000, or those referred or contested, also pay a fiduciary commissioner fee capped at $300 plus expenses by default (W. Va. Code 44-2-1). The personal representative's commission is a statutory value-bracket scale under W. Va. Code 44-4-12a (5% of the first $100,000, then 4%, 3%, and 2%). The $10 figures above are the flat statutory per-instrument clerk recording fee, not a single all-in filing charge. Verify the current opening fee with the Upshur County Clerk (clerk of the county commission) before filing.

Required Documents

  • Certified Death Certificate

    Order several certified copies from the West Virginia Vital Registration Office ($12 each) or the county clerk.

  • Original Will

    The original signed will, if one exists, presented to the clerk of the county commission for probate.

  • Application and Qualification before the Clerk of the County Commission

    The executor (with a will) or administrator (without a will) applies and qualifies before the clerk of the county commission, takes the fiduciary oath, and receives letters testamentary or of administration. A bond, and sometimes surety, may be required unless waived.

  • List of Heirs / Beneficiaries

    A statement of the decedent's heirs at law and beneficiaries filed with the clerk of the county commission; verify the county's form.

  • Appraisement of Estate and Nonprobate Inventory

    Filed with the clerk of the county commission or fiduciary supervisor within 90 days of qualification (W. Va. Code 44-1-14), listing probate assets and, separately, nonprobate assets.

  • Notice of Administration (published by the clerk)

    The clerk publishes the Class II legal advertisement; claims are due within 60 days of first publication (W. Va. Code 44-1-14a).

  • Settlement (Short Form Settlement or Final Settlement)

    The estate is settled by a short form settlement (W. Va. Code 44-3A-4a; $10 supervisor fee; 10-day objection window) or a final settlement before the fiduciary supervisor, or by a fiduciary commissioner audit if the estate is referred.

  • Small Estate Affidavit

    Affidavit under W. Va. Code 44-1A to administer a small estate WITHOUT appointment when probate personal property is $50,000 or less and no probate real property. 30 days after death for a nominated successor; 60 days for another successor.

E-Filing & Filing Methods

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Check live court-record information when available. Search results may not include every probate record.

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Filing Methods: in person, by appointment

Timelines & Proceedings

Deadlines & Creditor Claims

Key Deadlines

Will Deposit
Verify locally
Creditor Claims
2 months

Creditor Claims

Period Starts
first publication of the notice of administration
Statute
W. Va. Code 44-1-14a

Related Proceedings

Property Recording

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