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Brooke County, WV Probate Information
Quick facts
| Item | Brooke County details |
|---|---|
| Probate authority | The Brooke County Commission holds probate jurisdiction under W. Va. Code § 7-1-3; the Brooke County Clerk handles routine estate filings at the counter. |
| Office | Brooke County Clerk's office, 632 Main Street, Suite 201, Wellsburg, WV 26070. |
| Mailing | Use 632 Main Street, Suite 201, Wellsburg, WV 26070 unless the clerk gives you a different mailing instruction. |
| Phone | (304) 737-3661. Call ahead to schedule a probate appointment. |
| Fax | (304) 737-4023. |
| Hours | Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays. |
| Fees | There is no single statewide probate filing fee under W. Va. Code § 59-1-10. Brooke County posts a will recording charge of $45.00 to $65.00 depending on will length, current as posted on the clerk page reviewed August 31, 2026, with no separate effective date stated. Other recording, oath, notice, closing, newspaper and bond costs may apply under W. Va. Code § 44-1-8 and § 44-1-14a. |
| Forms | The Brooke County Clerk's office does not publish additional downloadable probate forms on its website. The clerk supplies the appraisement and nonprobate inventory when you qualify. |
| Electronic filing | West Virginia has no e-filing for probate through the courts. Estate papers are filed on paper with the Brooke County Clerk. Brooke County lists electronic recording vendors for land records, which is a different service. |
| Record lookup | The Brooke County Clerk publishes a Document Inquiry System for reviewing county records. Ask the office whether it covers wills, appraisements and fiduciary settlements. WVPASS is a circuit court system and does not contain routine estate files. |
| Hearings by phone or video | Most estates are handled at the counter. If a hearing is needed, ask the Brooke County Clerk's office whether phone or video participation is available. |
| Website | Brooke County Clerk probate page |
Before you begin — know the assets and liabilities
Before you call the Brooke County Clerk, make a list of the decedent's solely owned assets, debts, real estate, accounts, vehicles and possible beneficiaries. That list affects whether you can use the West Virginia small-estate affidavit under W. Va. Code § 44-1A-2, whether a personal representative must qualify, and whether a bond may be required under W. Va. Code § 44-1-8.
Brooke County estate settlement is usually smoother when the asset search is done before the appointment. Sunset searches across 2,300 institutions to help families find accounts and prepare the information needed for the appraisement under W. Va. Code § 44-1-14 and the nonprobate inventory under W. Va. Code § 11-11-7.
Which court handles jurisdiction
The Brooke County Clerk's office in Wellsburg serves Brooke County estate filings. An estate is opened where the person lived: W. Va. Code § 41-5-4 puts the will before the county commission of 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 intestate estate in the same place.
If the decedent lived in Brooke County, start with the Brooke County Clerk at 632 Main Street, Suite 201, Wellsburg. If a will contest under W. Va. Code § 41-5-11 or an appeal under W. Va. Code § 58-3-1 is filed, that dispute proceeds in the Circuit Court of Brooke County, not in the clerk's routine estate file.
The jurisdiction process
- Call the Brooke County Clerk's office at (304) 737-3661 to schedule a probate appointment before coming to the courthouse in Wellsburg.
- Bring the original will if there is one. West Virginia requires the will to be delivered to the clerk or executor within 30 days after the death becomes known under W. Va. Code § 41-5-1, and Brooke County's probate page repeats that rule.
- Tell the clerk whether the decedent had a will or died intestate under W. Va. Code § 44-1-4, and bring the asset and debt information the office needs to determine the next filing step.
- If a personal representative is appointed, the Brooke County Clerk admits the will to record and appoints the executor or administrator under W. Va. Code § 41-5-10 and § 44-1-4. The representative takes an oath and, unless excused under W. Va. Code § 44-1-8, gives bond.
- Pay the Brooke County will recording charge if a will is recorded. The county posts $45.00 to $65.00 depending on will length, current as posted on the clerk page reviewed August 31, 2026, with no separate effective date stated. Other charges are per-document recording charges under W. Va. Code § 59-1-10.
- Obtain certified copies of the certificate of qualification, the letters document banks and transfer agents usually need before releasing estate assets.
- File the appraisement, ET 6.01, within 90 days of qualification under W. Va. Code § 44-1-14, and file the nonprobate inventory, ET 6.02, under W. Va. Code § 11-11-7.
- The clerk publishes the notice to creditors under W. Va. Code § 44-1-14a. Creditors file claims within the statutory claims period, and interested persons can raise objections within the deadlines stated in that notice.
- If the estate is not disputed, work toward closing with the clerk. If the matter is referred to a fiduciary commissioner under W. Va. Code § 44-3, follow that commissioner's instructions and any order of the Brooke County Commission under W. Va. Code § 7-1-3.
- After assets are collected, debts and expenses are addressed, and distributions are ready, close the estate through the applicable settlement papers, including a waiver of final settlement under W. Va. Code § 44-2-29 when available.
Forms and documents
Probate forms in Brooke County
West Virginia does not publish a statewide probate form set. The appraisement, ET 6.01, is filed with the clerk within 90 days of qualification under W. Va. Code § 44-1-14, and the nonprobate inventory, ET 6.02, is filed under W. Va. Code § 11-11-7.
The small-estate affidavit's contents are set by statute at W. Va. Code § 44-1A-2(e). The Brooke County Clerk's office does not publish additional downloadable probate forms, checklists or brochures on its website, so call the office before your appointment to ask what papers to bring.
Fees
West Virginia has no statewide probate filing fee. What you pay the Brooke County Clerk is a set of per-document recording charges under W. Va. Code § 59-1-10, including $10 for a document of five pages or fewer, $1 for each additional page and $5 to administer an oath, current under the statute as reviewed August 2026, plus a $20 fee for the clerk's published notice to creditors under W. Va. Code § 44-1-14a(g), current under the statute as reviewed August 2026, and the applicable closing recording charge under W. Va. Code § 44-2-1(c), current under the statute as reviewed August 2026.
Brooke County adds one county-posted figure: recording a will is listed at $45.00 to $65.00 depending on the will's length, current as posted on the clerk page reviewed August 31, 2026, with no separate effective date stated. Treat that as the will recording charge only, not the full cost of opening and closing an estate.
If an estate is referred to a fiduciary commissioner under W. Va. Code § 44-3, that commissioner's fee is charged to the estate and is capped at $300 plus expenses unless the personal representative agrees to more or the Brooke County Commission has adopted a fee schedule under W. Va. Code § 59-1-9, as provided in W. Va. Code § 44-2-1(a), current under the statute as reviewed August 2026.
Local nuance
Brooke County-specific considerations
| Local point | What to do in Brooke County |
|---|---|
| Appointment before visiting | The Brooke County Clerk's probate page asks families to contact the office to schedule a probate appointment. Call (304) 737-3661 before going to 632 Main Street in Wellsburg. |
| Will delivery | Brooke County's probate page repeats the West Virginia rule that a will must be brought to the county clerk within 30 days after death becomes known under W. Va. Code § 41-5-1. |
| Bond options | For an intestate estate under W. Va. Code § 44-1-4, Brooke County tells families to determine the value of personal property solely owned by the decedent and obtain a surety bond before appointment, either through a surety company or through a Brooke County real estate owner acting as surety, subject to W. Va. Code § 44-1-8. |
| Online document review | The Brooke County Clerk publishes a Document Inquiry System for county records, but the website does not list whether wills, appraisements under W. Va. Code § 44-1-14, or fiduciary settlements are included. Ask the clerk before relying on it for an estate file. |
Recent updates
Brooke County's current online probate guidance directs families to schedule a probate appointment before visiting the clerk's office and lists a will recording charge based on the length of the will.
Page last reviewed: August 2026.Scenarios
| Situation | Likely Brooke County path | Sunset support |
|---|---|---|
| Surviving spouse with a co-owned home | Call the Brooke County Clerk before the appointment and bring the will, death certificate and asset list. If the home passes outside the estate, the clerk still needs information about solely owned personal property for the estate file. If a personal representative qualifies, the appraisement is due within 90 days under W. Va. Code § 44-1-14. | Sunset helps identify accounts, debts and title questions so the spouse can separate probate assets from nonprobate assets before the Wellsburg appointment. |
| Out-of-state adult child with a small estate | Ask the Brooke County Clerk whether the West Virginia small-estate affidavit under W. Va. Code § 44-1A-2 fits. Since July 9, 2025, that route is not available if the decedent owned any probate real estate, and the personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4). | Sunset helps locate accounts and estimate whether the estate is within the W. Va. Code § 44-1A personal-property limit before the child travels or mails documents. |
| Parent settling a predeceased child's estate, home must be sold | Because probate real estate is involved, the W. Va. Code § 44-1A small-estate affidavit is not the path after July 9, 2025. Call the Brooke County Clerk to schedule a qualification appointment, ask about bond under W. Va. Code § 44-1-8, and plan for full administration before sale steps. | Sunset helps gather account information, organize documents for the clerk, and connect the parent with a local probate attorney if a home sale or title issue needs legal help. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Brooke County Clerk's office | Schedules probate appointments, records wills, opens estate files and issues the certificate of qualification with letters after appointment. | 632 Main Street, Suite 201, Wellsburg, WV 26070. Phone: (304) 737-3661. |
| Legal Aid West Virginia | Helps eligible West Virginians apply for civil legal assistance. | Apply for help or call 866-255-4370. |
| West Virginia State Bar Lawyer Referral Service | Connects callers with a West Virginia lawyer for an initial consultation. | Lawyer Referral Service. |
| Tuesday Legal Connect | Offers a legal hotline through the West Virginia State Bar's public resources. | Tuesday Legal Connect or call 1-800-642-3617. |
| West Virginia Free Legal Answers | Lets eligible users submit civil legal questions online. | WV Free Legal Answers. |
| West Virginia Senior Legal Aid | Provides legal help for qualifying West Virginia seniors. | Senior Legal Aid or call (800) 229-5068. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investment accounts, insurance leads, vehicles, real estate and debts so the Brooke County estate settlement starts with a complete asset picture.
Generate the probate packet. Sunset turns the information you collect into an organized packet for the Brooke County Clerk, including the details needed for qualification, the appraisement under W. Va. Code § 44-1-14 and the nonprobate inventory under W. Va. Code § 11-11-7.
Find a local probate attorney. If the estate involves a home sale, creditor dispute under W. Va. Code § 44-1-14a, bond question under W. Va. Code § 44-1-8, or will contest under W. Va. Code § 41-5-11, Sunset can connect the family with a local attorney.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset, and can choose whether they want attorney help for the parts of the estate that need legal judgment.
Frequently asked questions
Where do I file probate papers in Brooke County?
File routine estate papers with the Brooke County Clerk's office at 632 Main Street, Suite 201, Wellsburg, WV 26070. The Brooke County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, but the clerk handles the day-to-day filing and appointment work.
Do I need an appointment before going to the Brooke County Clerk?
Yes. The Brooke County Clerk's probate page asks families to contact the office to schedule a probate appointment. Call (304) 737-3661 before going to the courthouse.
Can I e-file a Brooke County estate?
No online estate filing is offered through the West Virginia Judiciary. Estate papers are filed on paper with the Brooke County Clerk. Brooke County lists electronic recording vendors for land records, but that is separate from filing estate papers with the county clerk.
How much does Brooke County charge to record a will?
Brooke County posts a will recording charge of $45.00 to $65.00 depending on the length of the will, current as posted on the clerk page reviewed August 31, 2026, with no separate effective date stated. Other estate costs can include per-document recording charges under W. Va. Code § 59-1-10, notice costs under W. Va. Code § 44-1-14a and bond costs under W. Va. Code § 44-1-8.
Can I use a small-estate affidavit in Brooke County if there is real estate?
No. The West Virginia small-estate affidavit under W. Va. Code § 44-1A-2 is not available for an estate with probate real estate after July 9, 2025, and the personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4).
Does Brooke County publish local probate forms online?
The Brooke County Clerk's office does not publish additional downloadable probate forms on its website. The appraisement, ET 6.01, is handled under W. Va. Code § 44-1-14, the nonprobate inventory, ET 6.02, is handled under W. Va. Code § 11-11-7, and the small-estate affidavit contents are set by W. Va. Code § 44-1A-2(e).
How do I look up a Brooke County estate file?
Estate files are county clerk records. The Brooke County Clerk publishes a Document Inquiry System for county records, but its website does not list whether it covers wills, appraisements or fiduciary settlements. WVPASS is a circuit court records system and does not contain routine estate files.
Will I have to attend a hearing in Brooke County?
Most Brooke County estates are handled through the clerk's counter process. 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 that commissioner or before the Brooke County Commission under W. Va. Code § 7-1-3. Ask the Brooke County Clerk's office whether phone or video participation is available.
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.