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Braxton County, WV Probate Information
Quick facts
| Topic | Braxton County information |
|---|---|
| Probate authority | The Braxton County Commission holds probate jurisdiction under W. Va. Code § 7-1-3. Routine filings go through the Braxton County Clerk's office and, because Braxton publishes a fiduciary supervisor role, the fiduciary supervisor system in W. Va. Code § 44-3A applies. |
| Courthouse address | 300 Main Street, Sutton, WV 26601. |
| Mailing address | P.O. Box 486, Sutton, WV 26601. |
| Phone | (304) 765-2833 or (304) 765-2834 for the Braxton County Clerk's office. |
| Fax | (304) 765-2093. |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. Call before visiting because the county clerk page does not publish a separate hours note. |
| Cost to open | West Virginia has no statewide probate filing fee under W. Va. Code § 59-1-10. In Braxton County, article 3A may add the fiduciary supervisor qualification fee capped by W. Va. Code § 44-3A-42(a) at $25, $100, or $175, effective July 1, 2023, plus per-document charges, the article 3A notice cost, and any bond cost under W. Va. Code § 44-1-8. |
| Forms | The Braxton County Clerk's office does not publish additional probate forms on its website. Expect the statewide appraisement, ET 6.01, due under W. Va. Code § 44-1-14, the nonprobate inventory, ET 6.02, due under W. Va. Code § 11-11-7, and any article 3A settlement paperwork supplied by the fiduciary supervisor. |
| E-filing status | No probate e-filing is published for Braxton County. Estate papers are filed on paper with the Braxton County Clerk's office or the fiduciary supervisor. |
| Record lookup | The Braxton County Clerk's office does not publish an online document or estate record search. The county's property-record link opens a GIS parcel and tax map tool, not a will, appraisement, or fiduciary settlement index. WVPASS is a circuit court system and does not contain estate files. |
| Remote participation | Most Braxton County estates are handled without a hearing. If a hearing is needed, ask the county clerk's office or fiduciary supervisor whether phone or video participation is available for that matter. |
| Website | Braxton County Clerk |
Before you begin — know the assets and liabilities
Before you call the Braxton County Clerk's office, make a working list of probate assets, nonprobate assets, debts, deeds, vehicle titles, beneficiary designations, and account locations. That asset list drives almost every estate settlement choice in Braxton County, including whether article 3A settlement with the fiduciary supervisor is straightforward or likely to need referral.
Sunset searches more than 2,300 institutions to help families find accounts and assets before they complete the West Virginia appraisement, ET 6.01, due under W. Va. Code § 44-1-14, and the nonprobate inventory, ET 6.02, due under W. Va. Code § 11-11-7. Starting with the asset picture makes the Sutton courthouse filing cleaner and helps avoid missing property during estate settlement.
Which court handles jurisdiction
File in Braxton County if the decedent lived in Braxton County at death. W. Va. Code § 41-5-4 puts the will before the county commission of the county where the decedent had a known place of residence at death, and W. Va. Code § 44-1-4 puts an intestate estate in the same place.
The filing office is at the Braxton County courthouse in Sutton. The Braxton County Clerk's office and fiduciary supervisor serve all communities in Braxton County from that courthouse. A will contest under W. Va. Code § 41-5-11 or an appeal under W. Va. Code § 58-3-1 is different from routine estate administration and goes to the Circuit Court of Braxton County.
The jurisdiction process
- Confirm the filing path. If the estate may qualify for West Virginia's small-estate affidavit, check W. Va. Code § 44-1A before filing, because since July 9, 2025, that route is not available when the decedent owned probate real estate. If a personal representative must be appointed, use the article 3A process because Braxton publishes a fiduciary supervisor role under W. Va. Code § 44-3A.
- Call the Braxton County Clerk's office at (304) 765-2833 or (304) 765-2834 before going to 300 Main Street in Sutton. The county clerk page lists probate appointments for wills among the office responsibilities, but it does not state whether an appointment is required.
- Bring the original will if there is one and file on paper with the Braxton County Clerk's office or fiduciary supervisor. West Virginia has no statewide probate filing fee under W. Va. Code § 59-1-10; Braxton's article 3A qualification fee is capped by W. Va. Code § 44-3A-42(a) at $25, $100, or $175, effective July 1, 2023, plus per-document charges and any bond cost under W. Va. Code § 44-1-8.
- Qualify as personal representative. You take the oath, address bond unless W. Va. Code § 44-1-8 excuses it, and receive a certificate of qualification, the letters that banks and transfer agents use to confirm authority. The clerk admits the will under W. Va. Code § 41-5-10 and the county commission confirms the action under W. Va. Code § 7-1-3.
- File the appraisement, ET 6.01, within 90 days of qualification under W. Va. Code § 44-1-14. File the nonprobate inventory, ET 6.02, under W. Va. Code § 11-11-7. These filings are the backbone of Braxton County estate settlement.
- The fiduciary supervisor gives the article 3A notice under W. Va. Code § 44-3A-4. Creditors use the claims process tied to that notice, and the article 2 notice statute is W. Va. Code § 44-1-14a.
- If the estate is disputed, an objection is filed, or the article 3A referral threshold in W. Va. Code § 44-3A-5 is met, the matter can be referred to a fiduciary commissioner under W. Va. Code § 44-3. If a hearing is scheduled, ask the county clerk's office or fiduciary supervisor whether phone or video participation is available.
- Close the estate through the fiduciary supervisor. A routine article 3A estate may close with a short form settlement under W. Va. Code § 44-3A-4a; a more complex estate may require a long form settlement under W. Va. Code § 44-3A-19.
Forms and documents
Probate forms in Braxton County
West Virginia does not publish a statewide numbered probate form set. For Braxton County, expect the appraisement, ET 6.01, required by W. Va. Code § 44-1-14, and the nonprobate inventory, ET 6.02, required by W. Va. Code § 11-11-7. In an article 3A county like Braxton, the fiduciary supervisor's office supplies the settlement paperwork used for a short form settlement under W. Va. Code § 44-3A-4a or a long form settlement under W. Va. Code § 44-3A-19.
The Braxton County Clerk's office does not publish additional probate forms, checklists, fee PDFs, or narrative probate instructions on its website. If you are using the small-estate affidavit route, use W. Va. Code § 44-1A-2 and ask the clerk's office or fiduciary supervisor what local signing and recording steps they require.
Fees
West Virginia has no statewide probate filing fee. What you pay in Braxton County starts with per-document recording charges under W. Va. Code § 59-1-10, plus any bond cost under W. Va. Code § 44-1-8 and the notice process used in article 3A.
| Cost item | Braxton County rule |
|---|---|
| County fee schedule | The Braxton County Clerk's office does not publish a probate fee schedule or fee PDF on its website. |
| Article 3A qualification fee | Because Braxton runs the fiduciary supervisor system under W. Va. Code § 44-3A, the fiduciary supervisor may collect the graduated qualification fee in W. Va. Code § 44-3A-42(a), capped at $25, $100, or $175, effective July 1, 2023. |
| Short form settlement recording | For an article 3A short form settlement, W. Va. Code § 44-3A-4a(e) sets a $10 recording and mailing fee, current as of August 2026. |
| Fiduciary commissioner referral | If the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3, the commissioner's compensation in an article 3A county is handled through the county commission under W. Va. Code § 7-1-3 and W. Va. Code § 44-3A-42. Ask the fiduciary supervisor's office what that cost will be before the referral proceeds. |
Local nuance
Braxton County-specific considerations
| Local point | What it means in Braxton County |
|---|---|
| Article 3A office | Braxton publishes a fiduciary supervisor role within the County Clerk's office. That means the article 3A fiduciary supervisor process in W. Va. Code § 44-3A applies, while the county commission's probate jurisdiction remains under W. Va. Code § 7-1-3. |
| Two clerk phone numbers | The Braxton County Clerk's office publishes both (304) 765-2833 and (304) 765-2834. The separate courthouse switchboard number is not the clerk's estate contact. |
| Property search is not an estate index | The county's property-record link opens a GIS parcel and tax map tool. The Braxton County Clerk's office does not publish an online document or estate record search, so estate records are handled through the courthouse in Sutton. |
| No published remote rule | The county clerk page does not publish a rule for phone or video participation. If a fiduciary commissioner hearing under W. Va. Code § 44-3 or another hearing is scheduled, ask the county clerk's office or fiduciary supervisor what is available. |
Recent updates
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with the deed and beneficiary designations before opening an estate. If appointment is needed, qualify through the Braxton County Clerk's office and fiduciary supervisor in Sutton, and ask how W. Va. Code § 44-1-8 affects bond for the personal representative. | Sunset helps identify accounts, policies, and ownership details before you decide what must pass through estate settlement. |
| Out-of-state adult child with small estate | Call (304) 765-2833 or (304) 765-2834 before traveling. If you are considering the small-estate affidavit route, W. Va. Code § 44-1A controls, and since July 9, 2025, it cannot be used for probate real estate. | Sunset helps find financial accounts and prepare a practical asset list so you can ask the fiduciary supervisor targeted questions. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually points to full administration through the fiduciary supervisor, with the appraisement under W. Va. Code § 44-1-14 and article 3A supervision under W. Va. Code § 44-3A. A referral to a fiduciary commissioner under W. Va. Code § 44-3 may occur if the estate meets the referral standard in W. Va. Code § 44-3A-5 or if a dispute arises. | Sunset organizes asset discovery, document collection, and attorney matching so the sale and estate settlement can move in the right order. |
Self-help resources
| Resource | Help offered | Contact |
|---|---|---|
| Braxton County Clerk's office | Local filing office for estate papers and the fiduciary supervisor process under W. Va. Code § 44-3A. Staff cannot give legal advice. | (304) 765-2833 or (304) 765-2834. Courthouse: 300 Main Street, Sutton, WV 26601. |
| Legal Aid of West Virginia | Civil legal help for eligible West Virginians. | Apply online or call (866) 255-4370. |
| West Virginia State Bar Lawyer Referral Service | Referral to a West Virginia lawyer. | wvlawyerreferral.org |
| Tuesday Legal Connect | Phone-based legal information program. | 1-800-642-3617. |
| West Virginia Free Legal Answers | Online civil legal Q and A for eligible users. | wv.freelegalanswers.org |
| West Virginia Senior Legal Aid | Legal help for older West Virginians. | seniorlegalaid.org or (800) 229-5068. |
When to hire an attorney
You should consider counsel if a Braxton County estate is likely to be referred to a fiduciary commissioner under W. Va. Code § 44-3 and W. Va. Code § 44-3A-5, if heirs disagree, if real property must be sold, if bond under W. Va. Code § 44-1-8 is contested, or if a will contest under W. Va. Code § 41-5-11 or an appeal under W. Va. Code § 58-3-1 is possible. Sunset connects you to a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families build the asset picture first, so Braxton County estate settlement starts with better information about accounts, insurance, vehicles, real property, and debts.
Generate the probate packet. Sunset organizes the information needed for the West Virginia appraisement, ET 6.01, under W. Va. Code § 44-1-14, the nonprobate inventory, ET 6.02, under W. Va. Code § 11-11-7, and the local questions to ask the fiduciary supervisor.
Find a local probate attorney. If the estate needs legal help, Sunset can connect the family with a vetted attorney who understands West Virginia estate settlement and Braxton County filing practice.
Sunset is free for families. Families can use Sunset to organize the estate, understand the next steps, and decide when professional help is worth bringing in.
Frequently asked questions
Where do I file probate papers in Braxton County?
File with the Braxton County Clerk's office and fiduciary supervisor at the courthouse, 300 Main Street, Sutton, WV 26601. The Braxton County Commission has probate jurisdiction under W. Va. Code § 7-1-3, but routine estate filings are handled through the county clerk's office and the fiduciary supervisor under W. Va. Code § 44-3A.
Does Braxton County use a fiduciary supervisor?
Yes. The Braxton County Clerk's office publishes a fiduciary supervisor role, so article 3A applies under W. Va. Code § 44-3A. That means the fiduciary supervisor oversees routine estate settlement and article 3A closing steps.
Can I e-file a Braxton County probate estate?
No probate e-filing is published for Braxton County. West Virginia's court e-filing systems do not handle routine estates, and estate papers are filed on paper with the Braxton County Clerk's office or fiduciary supervisor.
Is there a Braxton County probate case search online?
The Braxton County Clerk's office does not publish an online document or estate record search. The county's property-record link is a GIS parcel and tax map tool. WVPASS is a circuit court record system and does not contain estate files.
What does it cost to open an estate in Braxton County?
West Virginia has no statewide probate filing fee under W. Va. Code § 59-1-10. Because Braxton uses article 3A, the fiduciary supervisor may collect the graduated qualification fee capped by W. Va. Code § 44-3A-42(a) at $25, $100, or $175, effective July 1, 2023, plus per-document charges, article 3A notice costs, and any bond cost under W. Va. Code § 44-1-8.
Will I have a hearing in Braxton County?
Most Braxton County estates are handled without 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 scheduled before the fiduciary commissioner, the fiduciary supervisor, or the Braxton County Commission under W. Va. Code § 7-1-3.
Can I participate remotely if I live outside West Virginia?
No statewide rule gives a right to participate by phone or video. If a hearing is scheduled, ask the Braxton County Clerk's office or fiduciary supervisor whether remote participation is available for that specific matter.
Does Braxton County publish probate forms?
The Braxton County Clerk's office does not publish additional probate forms on its website. The required statewide appraisement, ET 6.01, is tied to W. Va. Code § 44-1-14, and the nonprobate inventory, ET 6.02, is tied to W. Va. Code § 11-11-7. For a small-estate affidavit, use W. Va. Code § 44-1A-2 and ask the office what local recording steps apply.
Can a Braxton County small estate include a home?
No. Under W. Va. Code § 44-1A-2, as amended by HB 2867 effective July 9, 2025, West Virginia's small-estate route is not available if the decedent owned probate real estate. The statewide personal-property ceiling is $50,000 under W. Va. Code § 44-1A-1(b)(4), current as of August 2026.
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.