The West Virginia petition for probate of will is the Application of Fiduciary packet you file with your local County Clerk’s fiduciary office to prove a loved one’s will, get named as executor, and receive your Letters Testamentary so you can settle the estate. In West Virginia, probate runs through the County Clerk’s office, not a circuit court, and you must present the original will within 30 days of death under W. Va. Code 41-5-1.
Losing someone and then facing a courthouse form on top of the grief feels like too much. The good news is that this packet is far more manageable once you see each box explained in plain words, and most pro se executors finish the opening step in a single appointment. West Virginia processes thousands of estates each year, and full probate takes a minimum of four months — so getting the application right the first time keeps you from losing weeks to a rejected filing.
Here is what you will walk away knowing:
- 📋 How to fill out every line of the Application of Fiduciary, the Oath, and the Notice of Administration
- 💰 The exact fees you owe, who you pay, and which payment methods each clerk accepts
- ⏰ The deadlines that matter most — the 30-day will rule and the 90-day appraisement rule
- 🏠 When you need full probate versus the cheaper Small Estate Affidavit
- ❓ Answers to the field-level questions that trip up first-time filers
What the Form Is and Who Must File It
The West Virginia probate application is the document that opens an estate and asks the County Clerk to appoint you as the personal representative. When the decedent left a will, the clerk issues Letters Testamentary. When there is no will, the clerk issues Letters of Administration. These “letters” are the one-page proof that banks, the DMV, and the courts demand before they let you act for the estate.
The person who files is usually the executor named in the will. If that person cannot or will not serve, a beneficiary or heir may apply instead. The form is required by W. Va. Code Chapter 44, which governs the administration of estates, and it is reviewed by the County Clerk’s fiduciary supervisor, who acts like the gatekeeper of the whole process.
You must file full probate — not the shortcut Small Estate Affidavit — when the estate holds real estate or oil and gas interests in the decedent’s name alone, when probate personal assets top $50,000, or when the assets are simply unknown. According to the Monongalia County Clerk, full probate is also needed when a lawsuit is pending or when someone must access the decedent’s medical records, because those tasks require the broader authority that Letters provide. Skipping full probate when real property is involved leaves the house stuck in the dead person’s name, and no buyer or title company will touch it.
Each of West Virginia’s 55 counties publishes its own version of the packet, but the fields are nearly identical statewide because they all track the same Chapter 44 requirements. This guide follows the widely used Monongalia County “Opening Probate Forms and Instructions – Testate (Will)” packet and the statewide Estate Appraisement and Nonprobate Inventory forms ET 6.01 and ET 6.02. Always confirm you have the current revision printed on the form, since clerks update them as the code changes.
Before You Start: Documents and Information You Need
Gathering everything before your appointment is the single biggest time-saver, because a missing death certificate or a wrong asset figure can send you home empty-handed. The clerk will not appoint you without proof of death and the original will in hand.
- The original Last Will and Testament. The clerk keeps the original by law, so never bring a copy expecting to take it home; without it, the estate is treated as if there is no will.
- A certified death certificate or the funeral home’s temporary death record. The clerk uses this to confirm the death date that starts every deadline clock; without it, no filing happens.
- The decedent’s full legal name, including maiden or former names. Banks cross-check names against account titles, and a mismatch freezes access to funds.
- The decedent’s last residence address and county. Probate must open in the county where the person last lived, or the clerk will reject the case for lack of jurisdiction.
- The decedent’s date of death and date of birth. These anchor the 30-day will rule and the heir-determination math.
- A rough total value of probate assets, split into personal and real property. This decides whether you need full probate or the cheaper Small Estate route.
- Names and mailing addresses of all beneficiaries and heirs. The clerk mails the Notice of Administration to them, and a missing address delays the whole estate.
- Your own legal name, address, phone, and Social Security number. You are the fiduciary, and the clerk must be able to reach you and bond you if required.
- A list of real estate, including the deed book and page if you have it. Real property triggers full probate and must be described accurately for the appraisement.
- Funds for the filing fee. No payment means no appointment, so bring cash, check, money order, or a card if the county takes cards.
If you are missing any item, call the County Clerk’s fiduciary office before you go. Many counties, like Monongalia, now require an appointment to meet with the probate department, so showing up unprepared can cost you weeks.
Where to Get the Form and How to Access It
The probate packet comes straight from your County Clerk, and the cleanest path is the clerk’s website or a phone call to the fiduciary office. The Monongalia County Clerk posts a full “Opening Probate Forms and Instructions – Testate (Will)” packet plus example filled-out forms, and many other counties mirror this setup. If your county does not post forms online, the office will mail them or hand them to you in person.
You can find your local office through the Secretary of State’s county clerk directory, which lists the address and phone number for all 55 counties. Use it to confirm the office hours and whether your county requires an appointment, because rules vary widely from county to county.
The two tax forms that pair with the application — the Estate Appraisement (ET 6.01) and the Nonprobate Inventory (ET 6.02) — come from the West Virginia State Tax Department but are filed through the same County Clerk. You can also download fillable versions through services like pdfFiller’s ET 6.01 and ET 6.02 pages, though the official county or tax department copy is always the safest source. Grabbing both the application packet and the appraisement set at the same time saves you a second trip later.
Step-by-Step: How to Fill Out the West Virginia Probate Application Line by Line
The packet has several parts that work together: the Application of Fiduciary, the Oath, the List of Beneficiaries, the Notice of Administration, and — within 90 days — the Appraisement (ET 6.01) and Nonprobate Inventory (ET 6.02). Fill them in the order below, using the exact field names printed on your county’s form.
1. County and Estate Caption
The caption at the top asks for the County Commission of ______, West Virginia and the line In the matter of the estate of ______, deceased. This simply tells the clerk which estate the paperwork belongs to and where it is being filed.
Write the county where the decedent last lived, then the decedent’s full legal name in the estate line. For example, Robert James Hall writes his late father’s name as In the matter of the estate of WILLIAM T. HALL, deceased. Use all caps if your county’s sample shows caps, and match the spelling on the death certificate exactly.
A common edge case is a decedent who moved late in life. The correct county is the last place of residence, not where the person died or owned a vacation home. If you file in the wrong county, the clerk rejects the case for lack of jurisdiction, and you start over in the right office. Many filers wrongly believe you can file wherever you live; the law ties venue to the decedent’s home county.
2. Decedent’s Personal Information
This section asks for the decedent’s full legal name, date of death, date of birth, and last residence address. The clerk uses these to confirm the right person and to start every deadline clock running.
Enter the name as it appears on the death certificate, then the dates in MM/DD/YYYY format, then the full street address. For example, Maria L. Vance enters her mother’s death date as 02/18/2026 and her mother’s address as 412 Oak Street, Morgantown, WV 26505. Do not abbreviate the city or guess the date.
The most common edge case is a decedent who used a maiden name, a nickname, or a former married name on some accounts. List the legal name first and note any “also known as” names, because banks match titles letter for letter. A wrong death date is the most damaging mistake here, since it can make your filing look late under the 30-day rule and confuse the creditor and appraisement deadlines. People often think the “date of death” can be approximate; it must match the death certificate to the day.
3. Applicant (Fiduciary) Information
Here you, the person seeking appointment, enter your full legal name, mailing address, phone number, and relationship to the decedent. This is how the clerk identifies and contacts the fiduciary who will run the estate.
Print your name as it appears on your ID, then your address and phone, then your relationship, such as Son, Spouse, or Named Executor. For example, Robert James Hall writes Son and nominated Executor on the relationship line. Some county forms also ask for your Social Security number for bonding purposes.
A frequent edge case is co-executors. If the will names two people, both must apply and both sign, unless one formally declines using a Waiver of Executor/Executrix form. The biggest mistake is listing a P.O. Box only; the clerk needs a physical address to verify residency and serve documents, and a box-only entry can delay your Letters. Many applicants assume the named executor is automatically appointed; you still must apply, qualify, and sometimes post bond before the clerk acts.
4. Statement That a Will Exists and Its Date
This part asks you to state that the decedent left a Last Will and Testament dated ______ and that you are presenting the original. It tells the clerk this is a testate estate, which means Letters Testamentary rather than Letters of Administration.
Enter the exact date written on the will itself, in MM/DD/YYYY form, and confirm you are filing the original. For example, Robert James Hall writes that his father’s will is dated 06/12/2019. If there is a later codicil, list its date too.
The tricky edge case is more than one will. If you find two wills, file the most recent one, because the latest valid will controls under W. Va. Code Chapter 41. Filing the wrong will, or a copy when the original exists, can void the appointment and force the estate to reopen. A common misconception is that a photocopy is “good enough”; West Virginia requires the original will, and a lost original triggers a separate, harder proof process.
5. List of Beneficiaries and Heirs
This section asks for the names, addresses, and ages (minor or adult) of every beneficiary named in the will and every heir at law. The clerk uses this list to mail the Notice of Administration so interested parties know the estate is open.
List each person on a separate line with a complete mailing address, and mark any who are minors. For example, Maria L. Vance lists her brother as James Vance, 88 Pine Rd., Fairmont, WV 26554, adult. Include heirs even if the will leaves them nothing, because they still have a legal right to notice.
A common edge case is a beneficiary who died before the decedent. Note the death and, if the gift passes to that person’s children, list them instead. Leaving someone off the list is a serious mistake, since an un-notified heir can later challenge the estate and unwind your work. Many filers think only people who inherit need listing; the law requires all heirs at law to receive notice, inheriting or not.
6. Bond and Surety
This part asks whether bond is required and, if so, the amount and surety. A bond is an insurance policy that protects beneficiaries and creditors if the fiduciary mishandles the estate.
Check the box that matches your situation and enter the bond amount the clerk sets, usually tied to the estate’s value. For example, the clerk may set Robert James Hall’s bond at the value of the personal estate he will handle. If the will waives bond, note that and attach the will page that says so.
The key edge case is a will that expressly waives bond, which many wills do for a trusted executor; the clerk usually honors that waiver. Under the Small Estate route, no bond is required unless a personal representative is appointed under a will, per W. Va. Code 44-1A-2(d). Skipping a required bond stops your appointment cold. People often assume bond is always required; a will’s waiver clause frequently removes it for resident executors.
7. Oath of the Fiduciary
The Oath asks you to swear that you will faithfully perform the duties of personal representative and that the will presented is, to your knowledge, the decedent’s last will. It is the promise that makes your appointment official.
Sign and date the Oath in front of the clerk or a notary, exactly as your name appears on the application. For example, Maria L. Vance signs Maria L. Vance and dates it 03/01/2026. Do not sign before you reach the notary or clerk.
A common edge case is signing remotely when you live out of state; you can have the Oath notarized where you are and mail it, but call ahead to confirm your county accepts a mailed, notarized oath. Signing in the wrong spot or without a notary voids the oath and delays your Letters. Many people think the oath is a formality they can skip; without a valid, sworn oath, the clerk cannot issue Letters Testamentary.
8. Notice of Administration
This form announces that the estate is open and tells beneficiaries, heirs, and creditors how to file claims and objections. The clerk publishes or mails it as required by W. Va. Code 44-1-14a.
Fill in the estate name, your name as fiduciary, the county, and the date of qualification; the clerk usually helps complete the publication details. For example, the notice for William T. Hall’s estate names Robert James Hall as executor and lists the Monongalia County office for claims.
The edge case here is creditor claims: most counties require creditors to file within a set window after publication, and the appraisement and any newspaper notice control that clock. Getting the qualification date wrong can shorten or void the creditor period, exposing you to late claims. A frequent misconception is that you must personally hunt down creditors; proper notice and publication satisfy the law for unknown creditors.
9. Estate Appraisement (ET 6.01)
The Appraisement form ET 6.01 asks you to list and value all probate assets — real estate, bank accounts, vehicles, stocks, and personal property the decedent owned alone. It is the official inventory of what the estate must distribute.
List each asset with its fair market value as of the date of death, then total it. For example, Robert James Hall lists his father’s home at $185,000 and a checking account at $9,400. Use date-of-death values, not today’s values.
The original appraisement and two copies, plus the notarized nonprobate inventory, must be filed under W. Va. Code 44-1-14, and the deadline is 90 days after your qualification. Missing the 90-day deadline can trigger the fiduciary commissioner to step in and can hold up the entire estate. Many filers wrongly include jointly owned or beneficiary-designated property here; those are nonprobate assets and belong on ET 6.02 instead.
10. Nonprobate Inventory (ET 6.02)
The Nonprobate Inventory ET 6.02 asks for property that passes outside probate — jointly held accounts, payable-on-death accounts, and life insurance with named beneficiaries. The state uses it for estate-tax tracking, and it must be notarized.
List each nonprobate item, its value at death, and how it transferred. For example, Maria L. Vance lists her mother’s life insurance of $50,000 paid to a named beneficiary. Sign it before a notary, because an un-notarized ET 6.02 is rejected.
A common edge case is a “transfer on death” deed or a survivorship car title; these are nonprobate and go here, not on the appraisement. Putting nonprobate assets on the ET 6.01 appraisement inflates the probate estate and can wrongly raise fees and bond. Many people think this form is optional; it is required even when no estate tax is due, and skipping it leaves the appraisement incomplete.
Three Filled-Out Examples Using Real Scenarios
Below are three common fact patterns showing what each filer enters on the key parts of the West Virginia probate application.
Scenario A — Robert: named executor with a house and accounts (full probate). Robert’s father left a will and a home in Robert’s father’s name alone, so full probate is required.
| Form Section | What Robert Enters |
|---|---|
| County / Estate Caption | County Commission of Monongalia; estate of WILLIAM T. HALL, deceased |
| Decedent Info | William T. Hall, died 01/10/2026, 120 Maple Ave., Morgantown, WV 26505 |
| Applicant Info | Robert James Hall, Son and nominated Executor |
| Will Statement | Original will dated 06/12/2019 |
| Beneficiaries / Heirs | Robert James Hall and sister Ellen Hall, both adults, with addresses |
| Bond | Will waives bond; resident executor |
| Oath | Signed Robert James Hall, dated 01/20/2026 |
| Appraisement (ET 6.01) | Home $185,000; checking $9,400; total probate estate $194,400 |
Scenario B — Maria: small estate with a will under $50,000 (Small Estate Affidavit). Maria’s mother left a will but only a car and bank accounts under $50,000 and no solely owned real estate.
| Form Section | What Maria Enters |
|---|---|
| Route Chosen | Small Estate Affidavit – Testate, filed 31+ days after death |
| County / Estate Caption | County Commission of Marion; estate of LINDA VANCE, deceased |
| Decedent Info | Linda Vance, died 02/18/2026, 412 Oak Street, Fairmont, WV 26554 |
| Applicant Info | Maria L. Vance, Daughter and Authorized Successor |
| Small Assets Listed | Checking $12,000; 2018 sedan $9,500; savings $15,000 |
| Beneficiaries | Maria L. Vance and brother James Vance, adults |
| Bond | None required under Small Estate Act |
| Nonprobate (ET 6.02) | Life insurance $50,000 to named beneficiary |
Scenario C — David: out-of-state executor probating a West Virginia estate (ancillary). David lives in Ohio and is the named executor for his West Virginia aunt, who owned a Wheeling rental property.
| Form Section | What David Enters |
|---|---|
| County / Estate Caption | County Commission of Ohio County; estate of RUTH CARTER, deceased |
| Decedent Info | Ruth Carter, died 12/05/2025, 9 River Rd., Wheeling, WV 26003 |
| Applicant Info | David M. Carter, Nephew and nominated Executor, Ohio address |
| Will Statement | Original will dated 03/22/2018 |
| Bond | Clerk sets bond because executor is a nonresident |
| Oath | Notarized in Ohio and mailed to the clerk |
| Appraisement (ET 6.01) | Rental property $120,000; bank account $6,200 |
| Filing Channel | Filed by certified mail with an appointment follow-up |
How to File the Completed Form
West Virginia counties usually accept the probate packet three ways, and the Monongalia County Clerk shows the standard options that most counties follow. Pick the channel that fits your situation, and always keep proof of what you filed.
- In person by appointment. Take the original will, death certificate, completed packet, and fee to the County Clerk’s fiduciary office. Many counties now require an appointment, scheduled by phone or an online link, so you can actually meet the probate staff. You get your stamped receipt and, once qualified, your Letters Testamentary on the spot or shortly after.
- By certified or overnight mail. Mail the original will, the death certificate or temporary death record, the signed and notarized forms, and a check or money order to the County Clerk’s courthouse address listed in the Secretary of State’s directory. Use tracking so you can prove delivery, since the office keeps the original will.
- Drop-off. Some counties let you drop forms at the office, but you may not meet the probate department without an appointment, so this works best for simple recordings.
Fees are modest and vary by county. Recording the will costs about $12 for four pages or less, plus roughly $1 per extra page. The oath and Notice of Administration commonly run around $30 to $32, and total court costs for opening an estate typically land between $95 and $245 depending on county and will length. Most clerks accept cash, check, money order, or credit card, though card payments often carry a small administrative fee. Keep your stamped receipt and a copy of every form as your proof of filing.
What Happens After You File
Once the clerk reviews your packet and finds it complete, it records the will and issues your Letters Testamentary, which officially make you the personal representative. You can then open an estate bank account, access the decedent’s funds, and deal with creditors and beneficiaries. Full probate takes a minimum of four months and often longer, because of the creditor period and the accounting steps.
Next, you complete and file the Appraisement (ET 6.01) and Nonprobate Inventory (ET 6.02) within 90 days of your qualification, as required by W. Va. Code 44-1-14. The clerk publishes the Notice of Administration so creditors can file claims, and in many counties the estate is referred to a fiduciary commissioner who reviews filings and resolves disputes, much like a judge. You pay valid debts and taxes in the order the law sets before any distributions.
The estate closes after you file the final settlement and distribute the remaining property to the beneficiaries named in the will. If a beneficiary or heir believes they were treated unfairly, they can raise it with the fiduciary commissioner or in court. Keeping clean records of every receipt, payment, and distribution is the surest way to close without a fight.
Mistakes to Avoid When Filling Out the Form
- Filing in the wrong county — venue is the decedent’s last home county, and a wrong county means starting over.
- Bringing a copy instead of the original will — the clerk needs the original, and a missing original triggers a hard proof process.
- Missing the 30-day will rule — the will must be presented within 30 days of death under W. Va. Code 41-5-1, and delay invites disputes.
- Using an approximate date of death — a wrong date scrambles every deadline and can make your filing look late.
- Listing only a P.O. Box for yourself — the clerk needs a physical address, and a box-only entry stalls your Letters.
- Leaving an heir off the beneficiary list — an un-notified heir can later challenge and unwind the estate.
- Putting nonprobate assets on the ET 6.01 appraisement — it inflates the estate and can wrongly raise fees and bond.
- Skipping the ET 6.02 nonprobate inventory — it is required even with no tax due, and skipping it leaves the filing incomplete.
- Signing the Oath before reaching the notary or clerk — an improperly sworn oath voids your appointment.
- Missing the 90-day appraisement deadline — it can pull in the fiduciary commissioner and freeze the estate.
- Choosing the Small Estate route when real estate is solely owned — full probate is required, or the house stays stuck.
- Forgetting bond when the will does not waive it — a missing required bond stops the appointment cold.
Do’s and Don’ts
Do: – Do present the original will within 30 days of death, because the law sets that clock and clerks expect it. – Do call ahead for an appointment, since many counties will not meet you without one. – Do use date-of-death values on the appraisement, because that is the valuation the law requires. – Do list every heir and beneficiary with a full address, so the required notice actually reaches them. – Do keep copies and stamped receipts of everything, because the clerk keeps your original will. – Do confirm whether the will waives bond, since that single clause can save you money and time.
Don’t: – Don’t file in the county where you live instead of where the decedent lived, because venue is jurisdictional. – Don’t sign the Oath early, since it must be sworn before a notary or the clerk. – Don’t mix probate and nonprobate assets on one form, because each has its own form and tax effect. – Don’t use the Small Estate Affidavit when real estate is solely owned, since full probate is mandatory. – Don’t guess the date of death, because every deadline depends on it. – Don’t mail the only original will without tracking, since proof of delivery protects you.
Pros and Cons of Filing on Your Own vs. With Help
| Filing Pro Se (On Your Own) | Filing With an Attorney |
|---|---|
| Saves money, because you avoid hourly legal fees on a simple estate | Reduces error risk, since a lawyer knows the field-level traps |
| Keeps you in control of timing and communication with the clerk | Saves your time and stress while you are grieving |
| Works well for small or clear estates with one or two heirs | Handles will contests and creditor fights that get complex fast |
| Builds your understanding of the estate as you go | Manages tax, real estate, and out-of-state issues smoothly |
| Avoids waiting on a busy professional’s schedule | Provides a buffer if heirs disagree or sue |
| Risk: a single wrong field can delay your Letters for weeks | Cost: fees reduce what beneficiaries ultimately receive |
For a clean, small estate, the pro se route is realistic and common. For a contested will, an insolvent estate, or property in more than one state, professional help usually pays for itself. You can find counsel through the West Virginia Lawyer Referral Service.
Frequently Asked Questions (FAQs)
Do I file probate in circuit court in West Virginia?
No. Probate runs through the County Clerk’s fiduciary office in the county where the decedent last lived, not a circuit court, though disputes can later reach court.
Do I have to present the will within a set time?
Yes. The original will must be presented to the County Clerk within 30 days of death under W. Va. Code 41-5-1, though late presentation is sometimes accepted.
Do I need full probate if there is real estate in the decedent’s name only?
Yes. Solely owned real estate or oil and gas interests require full probate, because the Small Estate Affidavit cannot transfer that property.
Do I write the decedent’s maiden name or married name in the caption?
Yes. Use the legal name on the death certificate, then note any maiden or former names as “also known as,” because banks match titles exactly.
Do I list jointly owned bank accounts on the ET 6.01 appraisement?
No. Jointly owned and beneficiary-designated accounts are nonprobate and go on the ET 6.02 nonprobate inventory instead, not the appraisement.
Do I put my P.O. Box as my address on the application?
No. Give a physical street address, because the clerk must verify residency and serve documents, and a box-only entry can stall your Letters.
Do co-executors both have to sign the application and oath?
Yes. When the will names two executors, both must apply and sign, unless one formally declines using a Waiver of Executor form.
Do I need to post bond if the will waives it?
No. A will’s express bond waiver usually removes the bond for a resident executor, though clerks may still require it for nonresidents.
Do I file the Appraisement at the same time as the application?
No. The Appraisement (ET 6.01) and Nonprobate Inventory (ET 6.02) are due within 90 days of qualification under W. Va. Code 44-1-14.
Do I have to use date-of-death values on the appraisement?
Yes. List each asset at its fair market value as of the date of death, not today’s value, because that is the figure the law requires.
Do I qualify for the Small Estate Affidavit with a will?
Yes. If probate personal assets are $50,000 or less and real property interests are $100,000 or less, the Small Estate route under W. Va. Code 44-1A-2 may apply.
Do I get appointed automatically because the will names me executor?
No. You must apply, take the oath, and sometimes post bond before the clerk issues Letters, so the nomination is a starting point only.
Do I have to hunt down every creditor myself?
No. Proper notice and publication of the Notice of Administration satisfy the law for unknown creditors, so you are not expected to find each one.
Do I file in my home county if I am an out-of-state executor?
No. You file in the West Virginia county where the decedent last lived, and you may need to post bond and notarize the oath in your state.
Related reading
- How to Fill Out Nevada Petition for Probate of Will (w/Examples) + FAQs
- How to Fill Out South Carolina Petition for Probate of Will + FAQs
- How to Fill Out Vermont Petition for Probate of Will (w/Examples) + FAQs
- How to Fill Out the West Virginia Final Account and Petition for Distribution + FAQs
- How to Fill Out the West Virginia Inventory and Appraisement of the Estate (Form ET 6.01) + FAQs
- How to Fill Out the West Virginia Small Estate Affidavit (w/Examples) + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs