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Boone County, WV Probate Information
Quick facts
| Item | Boone County information |
|---|---|
| Probate authority | The Boone County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and the Boone County Clerk handles routine estate filings for the commission. |
| Office | Boone County Clerk's office |
| Courthouse address | 200 State Street, Suite 104, Madison, WV 25130 |
| Mailing address | Use the courthouse address unless the Boone County Clerk's office gives different mailing instructions. |
| General phone | (304) 369-7330 |
| Probate appointment line | (304) 369-7336 |
| Fax | (304) 369-3925 |
| [email protected], a general office mailbox | |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. |
| Appointment | Call the probate appointment line before starting the probate process. |
| Cost to open | West Virginia has no single statewide probate filing fee under W. Va. Code § 59-1-10. Boone County publishes a $56.00 opening fee, currently published on the Boone County Clerk's page reviewed August 2026 with no separate effective date stated. |
| Local forms | Yes. Boone County publishes county-hosted estate forms and intestate estate resources. |
| E-filing status | West Virginia has no e-filing for probate with the county clerk. Estate papers are filed on paper with the Boone County Clerk. |
| Case lookup | There is no statewide online search for West Virginia estate files. Estate records are Boone County Clerk records. The clerk links an online document records portal, but its exact estate-record coverage should be confirmed with the office. |
| Remote appearance | Most estates are handled at the county clerk counter. If a hearing is needed, ask the Boone County Clerk whether phone or video participation is available. |
| Website | https://www.boonecountyclerkwv.com/ |
Before you begin — know the assets and liabilities
Before you call the Boone County Clerk's probate appointment line, make a working list of what the person owned, what they owed, and what passed outside the estate. Boone County specifically asks families to gather asset information such as vehicles, stocks, savings bonds, cash, bank accounts, IRAs, CDs, property records, tax receipts, and life insurance or death benefit details.
That asset list drives estate settlement in West Virginia because the personal representative must file the appraisement under W. Va. Code § 44-1-14 and the nonprobate inventory under W. Va. Code § 11-11-7. Sunset's asset discovery searches more than 2,300 institutions so families can build that list before the Boone County appointment.
Which court handles jurisdiction
File in Boone County if the person lived in Boone County at death. W. Va. Code § 41-5-4 places a will in the county where the decedent had a mansion house or known place of residence at death, and W. Va. Code § 44-1-4 puts an estate without a will in the same county commission process under W. Va. Code § 7-1-3.
The Boone County Clerk's office at the courthouse in Madison serves Boone County communities. The Boone County Clerk admits the will under W. Va. Code § 41-5-10, appoints the executor or administrator, and issues the certificate of qualification, also called letters testamentary or letters of administration. A will contest goes to the Circuit Court of Boone County under W. Va. Code § 41-5-11, and an appeal from a final county commission order goes to circuit court under W. Va. Code § 58-3-1.
The jurisdiction process
- Call the Boone County Clerk's probate appointment line at (304) 369-7336 before you go to the courthouse. The Boone County Clerk's office publishes that probate begins by appointment.
- Gather the documents Boone County asks for: the original will if there is one, a death certificate, the $56.00 opening fee currently published on the Boone County Clerk's page reviewed August 2026 with no separate effective date stated, a list of heirs with addresses, and a complete list of assets and benefits.
- Bring bond information if needed. Unless the will or W. Va. Code § 44-1-8 excuses it, Boone County publishes a $100.00 minimum surety bond cost, currently published on the Boone County Clerk's page reviewed August 2026 with no separate effective date stated.
- At the appointment, the Boone County Clerk admits the will under W. Va. Code § 41-5-10, or appoints an administrator for an estate without a will under W. Va. Code § 44-1-4, acting for the Boone County Commission under W. Va. Code § 7-1-3.
- Pay the Boone County opening amount and any other county charges that apply. Boone County states that cash, money order, cashier's check, and major credit cards are accepted, that checks are payable to the Boone County Clerk, and that out-of-state checks are not accepted.
- After appointment, use the certificate of qualification, also called letters testamentary or letters of administration, to work with banks, transfer agents, and other institutions.
- File the appraisement under W. Va. Code § 44-1-14 and the nonprobate inventory under W. Va. Code § 11-11-7 within the West Virginia deadline. Boone County publishes county-hosted versions of those forms.
- The clerk publishes the creditor notice under W. Va. Code § 44-1-14a. Boone County publishes that it appoints fiduciary commissioners for certain estates, which follows the W. Va. Code § 44-3 article 2 pattern.
- If no dispute or referral changes the path, close by filing the proper closing paperwork. Boone County publishes a $12.00 closing fee, currently published on the Boone County Clerk's page reviewed August 2026 with no separate effective date stated. In an article 2 estate, a waiver of final settlement under W. Va. Code § 44-2-29 or a report under W. Va. Code § 44-2 may be used when the requirements are met.
Forms and documents
Probate forms in Boone County
West Virginia does not use a single statewide court form set for routine estate settlement. Boone County publishes county-hosted estate forms and estate-information resources, and the appraisement and nonprobate inventory still track the statewide requirements in W. Va. Code § 44-1-14 and W. Va. Code § 11-11-7.
| Form or resource | How Boone County uses it |
|---|---|
| Estate Appraisement Form | County-hosted appraisement packet connected to W. Va. Code § 44-1-14. The posted PDF was an image scan when reviewed, so ask the clerk for any current completion instructions. |
| Nonprobate Inventory Form | County-hosted nonprobate inventory form connected to W. Va. Code § 11-11-7. |
| Overview of Estate Administration Process | County-published estate administration guide linked from the Boone County Clerk's Intestate Succession resource page, with intestate estates governed by W. Va. Code § 44-1-4. |
| Which Assets Pass by Intestate Succession | County-published resource linked from the Intestate Succession page, with intestate estates governed by W. Va. Code § 44-1-4. |
| Distribution of Estate | County-published distribution resource linked from the Intestate Succession page, with intestate estates governed by W. Va. Code § 44-1-4. |
| Estate Probated in another WV County | County-published resource for an estate already opened elsewhere in West Virginia. |
Fees
Boone County publishes local probate cost figures, so use the county's numbers when you call for an appointment. The Boone County Clerk's page reviewed August 2026 did not state a separate effective date for these amounts.
| Charge | Amount and context |
|---|---|
| Opening fee | $56.00, currently published by the Boone County Clerk's office as reviewed August 2026, with no separate effective date stated. |
| Closing fee | $12.00, currently published by the Boone County Clerk's office as reviewed August 2026, with no separate effective date stated. |
| Minimum surety bond cost | $100.00 minimum if bond is required under W. Va. Code § 44-1-8, currently published by the Boone County Clerk's office as reviewed August 2026, with no separate effective date stated. |
| Fiduciary commissioner fee if referred | In an article 2 county, a fiduciary commissioner under W. Va. Code § 44-3 is capped at $300 plus expenses under W. Va. Code § 44-2-1(a), unless the personal representative agrees to more or the county commission has adopted a fee schedule under W. Va. Code § 59-1-9. This is the current statutory cap reviewed August 2026. |
Boone County states that cash, money order, cashier's check, and major credit cards are accepted, that checks should be made payable to the Boone County Clerk, and that out-of-state checks are not accepted.
Local nuance
Boone County-specific considerations
| Local point | What it means for estate settlement |
|---|---|
| Appointment before starting | Boone County publishes a probate-specific appointment line, (304) 369-7336. Call before bringing documents to the Madison courthouse. |
| Article 2 pattern | The Boone County Clerk's office says it probates wills and appoints fiduciary commissioners for certain estates. It does not publish a fiduciary supervisor under W. Va. Code § 44-3A. Use the clerk-run article 2 path, including fiduciary commissioners under W. Va. Code § 44-3 if an estate is referred. |
| County checklist is asset-heavy | Boone County asks for detailed asset information, including vehicles, stocks, savings bonds, cash, bank accounts, IRAs, CDs, property records, tax receipts, and life insurance or death benefit details. That makes asset discovery a core part of the local estate settlement workflow. |
| Online records portal coverage | The Boone County Clerk links an online document records portal, but its exact coverage for wills, appraisements under W. Va. Code § 44-1-14, and settlements was not established. Ask the clerk before relying on it for estate records. |
Recent updates
| Update | What changed |
|---|---|
| Boone probate appointment line added | The Boone County Clerk's probate page publishes a direct appointment line, (304) 369-7336, in addition to the general clerk line. |
| Boone local fee amounts added | Boone County publishes a $56.00 opening fee, $12.00 closing fee, and $100.00 minimum surety bond cost, each on the clerk's page reviewed August 2026 with no separate effective date stated. |
Page last reviewed: August 2026.
Scenarios
| Situation | Boone County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Call the Boone County Clerk's probate appointment line before going to the Madison courthouse. Bring the death certificate, original will if there is one, asset list, and property records. If the home passed outside the estate, the clerk still needs the estate asset picture for the appraisement under W. Va. Code § 44-1-14 and nonprobate inventory under W. Va. Code § 11-11-7. | Sunset helps identify accounts, insurance, and property records so the spouse can arrive with a more complete estate settlement inventory. |
| Out-of-state adult child with a small estate | Call first because Boone County starts probate by appointment and does not accept out-of-state checks. If using West Virginia's small estate process under W. Va. Code § 44-1A, confirm that the person owned no probate real estate and that the $50,000 personal-property limit under W. Va. Code § 44-1A-1 is met. Since July 9, 2025, W. Va. Code § 44-1A does not allow the small estate route when probate real estate is involved. | Sunset helps find accounts before the child travels or mails paperwork, and can help decide whether a Boone County attorney should review the plan. |
| Parent settling a predeceased child's estate, home must be sold | Because a home sale usually requires clear authority, call the Boone County Clerk for a probate appointment and ask what title documents to bring. The clerk can appoint a personal representative, issue the certificate of qualification and letters, and the estate may proceed with appraisement under W. Va. Code § 44-1-14, creditor notice under W. Va. Code § 44-1-14a, and closing paperwork under W. Va. Code § 44-2. | Sunset organizes accounts, debts, and documents, then connects the family with a local probate attorney if the sale, heirs, or creditor claims create legal issues. |
Self-help resources
| Resource | How to use it |
|---|---|
| Boone County Clerk's office | Call (304) 369-7336 for a probate appointment, or call the general office at (304) 369-7330. The office is at 200 State Street, Suite 104, Madison, WV 25130. |
| Legal Aid West Virginia | Apply for help at https://legalaidwv.org/get-help/apply-for-help/ or call 866-255-4370. |
| West Virginia State Bar Lawyer Referral Service | Use https://wvlawyerreferral.org/ to look for a lawyer referral. |
| Tuesday Legal Connect | Call 1-800-642-3617 or visit https://wvlawyerreferral.org/pages/resources-hotline. |
| West Virginia Free Legal Answers | Use https://wv.freelegalanswers.org/ for eligible civil legal questions. |
| West Virginia Senior Legal Aid | Call (800) 229-5068 or visit https://www.seniorlegalaid.org/. |
When to hire an attorney
A lawyer is especially useful in Boone County if heirs disagree, the will may be challenged under W. Va. Code § 41-5-11, real estate must be sold, a fiduciary commissioner under W. Va. Code § 44-3 becomes involved, a bond issue arises under W. Va. Code § 44-1-8, or the family is trying to coordinate assets in more than one county. Sunset connects families to a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families locate accounts, insurance, benefits, real property clues, and other estate assets before the Boone County appointment, so the appraisement under W. Va. Code § 44-1-14 is less likely to miss something important.
Generate the probate packet. Sunset turns the family's information into an organized estate settlement packet, including the names, addresses, asset details, and document checklist items Boone County asks families to gather.
Find a local probate attorney. If the estate involves a will contest under W. Va. Code § 41-5-11, a fiduciary commissioner under W. Va. Code § 44-3, real estate, or a dispute, Sunset can connect the family with a local probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand next steps, and get matched with help without paying Sunset.
Frequently asked questions
Where do I file probate in Boone County, West Virginia?
File with the Boone County Clerk's office at 200 State Street, Suite 104, Madison, WV 25130. The Boone County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and the clerk handles the routine estate appointment process for the commission.
Do I need an appointment to start probate in Boone County?
Yes. Boone County publishes a probate appointment line, (304) 369-7336. Call that number before you bring the original will, death certificate, asset list, and fee payment to the courthouse.
How much does Boone County charge to open and close an estate?
Boone County publishes a $56.00 opening fee and a $12.00 closing fee, each currently published on the Boone County Clerk's page reviewed August 2026 with no separate effective date stated. If bond is required under W. Va. Code § 44-1-8, Boone County also publishes a $100.00 minimum surety bond cost, reviewed August 2026 with no separate effective date stated.
Can I e-file probate papers in Boone County?
No statewide e-filing system accepts routine probate papers for a county clerk. West Virginia Judiciary e-filing covers appellate, circuit, and family court filings, while Boone County estate papers are filed on paper with the Boone County Clerk.
Is there an online case search for Boone County estate files?
There is no statewide online search for West Virginia estate files. Estate records are county clerk records in Boone County. The Boone County Clerk links an online document records portal, but you should ask the clerk whether it covers wills, appraisements under W. Va. Code § 44-1-14, and fiduciary settlements. WVPASS searches circuit court records and would not contain the estate file itself.
Will I have to attend a hearing in Boone County?
Most Boone County estates are handled at the county clerk counter and do not require a hearing. If an objection is filed or the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3, a hearing may be set before the commissioner or the Boone County Commission under W. Va. Code § 7-1-3.
Can I participate remotely if a Boone County probate hearing is needed?
Ask the Boone County Clerk when you file. There is no statewide remote rule for routine West Virginia estate matters, and Boone County did not publish a blanket phone or video rule for probate hearings.
Does Boone County use a fiduciary supervisor?
The Boone County Clerk's office publishes that it appoints fiduciary commissioners for administering certain estates and does not publish a fiduciary supervisor under W. Va. Code § 44-3A. For Boone County, use the clerk-run article 2 pattern, including fiduciary commissioners under W. Va. Code § 44-3 if an estate is referred.
What if the estate is small in Boone County?
West Virginia's small estate process under W. Va. Code § 44-1A is filed with the county clerk, not with a court. Since July 9, 2025, W. Va. Code § 44-1A does not allow the small estate route if the decedent owned probate real estate. The personal-property limit is $50,000 under W. Va. Code § 44-1A-1.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.