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Fayette County, WV Probate Information
Quick facts
| Topic | Details |
|---|---|
| Probate authority | Fayette County Commission, with routine filings handled by the Fayette County Clerk's office under W. Va. Code § 7-1-3 |
| Office address | 100 Court Street, Suite 1, Fayetteville, WV 25840 |
| Mailing address | P.O. Box 569, Fayetteville, WV 25840 |
| Estates and appointments phone | 304-574-4327 |
| General phone | (304) 574-4225 |
| Fax | (304) 574-4335 |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. |
| Appointment note | The clerk's page asks estate callers to phone 304-574-4327 for an appointment to discuss options before visiting. |
| What you pay | West Virginia has no statewide probate filing fee under W. Va. Code § 59-1-10. Fayette's fee schedule effective July 1, 2023 lists local probate document charges, including $12.00 to record a will, $12.00 to record an appraisement, $20.00 for appraisement publication, $7.00 to administer an oath, $12.00 to record a fiduciary bond, and $17.00 to record a settlement, waiver or report. |
| Local forms | The Fayette County Clerk's page does not publish downloadable local probate forms beyond the clerk fee schedule; statewide estate forms are still used. |
| E-filing | West Virginia Judiciary e-filing does not cover routine estate filings; estate papers are filed on paper with the county clerk. |
| Online lookup | The Fayette County Clerk publishes a document search link on its own page. The listed categories include probate documents, wills and fiduciary documents from 1993 to present. |
| Phone or video participation | No Fayette County phone or video probate participation rule is published. If a fiduciary commissioner hearing under W. Va. Code § 44-3 is scheduled, ask the county clerk's office how participation will be handled. |
| Website | Fayette County Clerk |
Before you begin — know the assets and liabilities
Before you call the Fayette County Clerk's estates line, make a list of the decedent's solely owned accounts, vehicles, personal property, debts and any real estate. Estate settlement in West Virginia depends on what is actually in the probate estate, and the appraisement is due after qualification under W. Va. Code § 44-1-14.
Sunset's 2,300-institution asset discovery can help you identify accounts before you start the Fayette County estate settlement process. That makes it easier to decide whether the W. Va. Code § 44-1A small-estate affidavit route can work, or whether a personal representative must qualify with the clerk.
Which court handles jurisdiction
The Fayette County Clerk's office at the courthouse in Fayetteville serves estates for decedents whose proper West Virginia filing county is Fayette County. W. Va. Code § 41-5-4 puts the will in 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.
If the decedent lived in Fayette County, start with the Fayette County Clerk's office. 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 moves to circuit court; the routine estate file stays with county commission records held by the county clerk under W. Va. Code § 7-1-3.
The jurisdiction process
- Decide whether the estate is a W. Va. Code § 44-1A small estate or a full administration. Since July 9, 2025, the W. Va. Code § 44-1A route is not available if the decedent owned probate real estate, and the personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4).
- Gather the original will, if there is one, the death certificate, asset information and the statewide appraisement materials. The personal representative files ET 6.01 under W. Va. Code § 44-1-14 and ET 6.02 under W. Va. Code § 11-11-7 after qualification.
- Call the Fayette County Clerk's estates and appointments line at 304-574-4327 before going to 100 Court Street, Suite 1 in Fayetteville. The county page asks estate callers to make an appointment to discuss options.
- File the will or administration papers with the Fayette County Clerk. West Virginia routine probate is not handled by a separate tribunal; the clerk admits the will under W. Va. Code § 41-5-10, appoints the executor or administrator under W. Va. Code § 44-1-4 when there is no will, and reports the action to the Fayette County Commission under W. Va. Code § 7-1-3.
- Pay the Fayette County Clerk's applicable document charges from the fee schedule effective July 1, 2023. The schedule lists $12.00 for recording a will, $12.00 for recording an appraisement, $20.00 for appraisement publication, $7.00 for administering an oath, and other estate document charges.
- Take the oath and address bond if required. W. Va. Code § 44-1-8 controls when bond or surety may be excused, and Fayette's published materials do not describe a local property-bond process.
- Receive the certificate of qualification, the letters testamentary or letters of administration that banks and transfer agents usually need. Ask for the number of certified copies each institution will require.
- File the appraisement and nonprobate inventory on time. ET 6.01 is due under W. Va. Code § 44-1-14, and ET 6.02 is due under W. Va. Code § 11-11-7, within 90 days after qualification under W. Va. Code § 44-1-14.
- Let the creditor notice process run. The clerk's notice to creditors and publication process is governed by W. Va. Code § 44-1-14a, and the personal representative handles claims before closing.
- If an objection or referral occurs, the matter may go to a fiduciary commissioner under W. Va. Code § 44-3. No Fayette County phone or video participation rule is published, so ask the county clerk's office how any scheduled hearing will be handled.
- Close the estate through the article 2 closing path. Fayette's fee schedule uses W. Va. Code § 44-2-1 settlement, waiver and report language, and a waiver of final settlement is governed by W. Va. Code § 44-2-29.
Forms and documents
Probate forms in Fayette County
West Virginia does not publish a statewide numbered probate form set. The appraisement, ET 6.01, is tied to W. Va. Code § 44-1-14, the nonprobate inventory, ET 6.02, is tied to W. Va. Code § 11-11-7, and the contents of a W. Va. Code § 44-1A small-estate affidavit are set by W. Va. Code § 44-1A-2(e).
The Fayette County Clerk's page does not publish downloadable local probate forms beyond the clerk fee schedule. The office does publish an online document search link and a fee schedule effective July 1, 2023.
| Form or resource | How it is used in Fayette County |
|---|---|
| ET 6.01 appraisement | Filed with the county clerk after qualification under W. Va. Code § 44-1-14. |
| ET 6.02 nonprobate inventory | Filed with the county clerk as confidential tax return information under W. Va. Code § 11-11-7. |
| W. Va. Code § 44-1A affidavit | Used only when the estate qualifies for the small-estate process under W. Va. Code § 44-1A. |
| Fayette County Clerk fee schedule | Lists local recording and estate document charges effective July 1, 2023. |
Fees
West Virginia has no statewide probate filing fee under W. Va. Code § 59-1-10. Fayette County publishes its own clerk fee schedule effective July 1, 2023, and those local line items are what families should use when estimating county charges.
| Item | Fayette County amount | Source context |
|---|---|---|
| Will recording | $12.00, fee schedule effective July 1, 2023 | Listed under W. Va. Code § 59-1-10(a)(6) |
| Appraisement recording | $12.00, fee schedule effective July 1, 2023 | Listed under W. Va. Code § 59-1-10(a)(6) and used with the appraisement required by W. Va. Code § 44-1-14 |
| Appraisement publication | $20.00, fee schedule effective July 1, 2023 | Matches the notice publication fee under W. Va. Code § 44-1-14a(g) |
| Administer oath | $7.00, fee schedule effective July 1, 2023 | Listed with W. Va. Code § 59-1-10(b) |
| Fiduciary bond recording | $12.00, fee schedule effective July 1, 2023 | Listed under W. Va. Code § 59-1-10(a)(6); bond and surety questions are governed by W. Va. Code § 44-1-8 |
| Fiduciary affidavit | $12.00, fee schedule effective July 1, 2023 | Listed under W. Va. Code § 59-1-10(a)(6) |
| Fiduciary appointment record copy | $2.50, fee schedule effective July 1, 2023 | Listed with W. Va. Code § 59-1-10(d)(1) and (3) |
| Claims against estate postage | Postage per claim filed, fee schedule effective July 1, 2023 | Claims are part of the creditor process under W. Va. Code § 44-1-14a |
| Disclaimer recording | $12.00, fee schedule effective July 1, 2023 | Listed under W. Va. Code § 59-1-10(a)(6) |
| Settlement, waiver or report mailed | $12.00, fee schedule effective July 1, 2023 | Listed with W. Va. Code § 44-2-1 |
| Settlement, waiver or report published | $12.00, fee schedule effective July 1, 2023 | Listed with W. Va. Code § 44-2-1 |
| Settlement, waiver or report recorded | $17.00, fee schedule effective July 1, 2023 | Listed with W. Va. Code § 44-2-1(b) and W. Va. Code § 59-1-10(d) |
If a Fayette County estate is referred to a fiduciary commissioner under W. Va. Code § 44-3, the commissioner's fee is charged to the estate and is capped at $300 plus expenses under W. Va. Code § 44-2-1(a), unless the personal representative agrees to more or the Fayette County Commission has adopted a fee schedule under W. Va. Code § 59-1-9.
Local nuance
Fayette County-specific considerations
| Local point | What it means |
|---|---|
| Call before visiting | The Fayette County Clerk's page asks estate callers to call 304-574-4327 for an appointment to discuss options. It does not say walk-ins are refused. |
| Article 2 wording | Fayette's own fee schedule uses W. Va. Code § 44-2-1 settlement, waiver and report language and names fiduciary commissioner settlements under W. Va. Code § 44-3. The clerk's site does not publish a fiduciary supervisor under W. Va. Code § 44-3A. |
| County document search | The Fayette County Clerk's online document search categories include probate documents, wills and fiduciary documents from 1993 to present. It is a county clerk document index, not the WVPASS circuit court system. |
| Dated local fee schedule | The Fayette County Clerk publishes probate-related recording charges in a schedule effective July 1, 2023, including $12.00 will recording, $12.00 appraisement recording and $17.00 settlement, waiver or report recording. |
Recent updates
| Update | What changed |
|---|---|
| Fayette County fee schedule effective July 1, 2023 | The Fayette County Clerk's schedule lists county estate document charges, including will, appraisement, oath, fiduciary bond and settlement, waiver or report items. |
| West Virginia small-estate law changed July 9, 2025 | Under W. Va. Code § 44-1A-2, as amended by HB 2867, the W. Va. Code § 44-1A small-estate process is not available when the decedent owned probate real estate. |
Scenarios
| Scenario | Likely Fayette County path | Where Sunset helps |
|---|---|---|
| surviving spouse w/ co-owned home | First confirm how the home is titled. If no probate real estate or solely owned probate assets need administration, the spouse may only need recorded documents or nonprobate transfers. If a probate asset must be collected, call the Fayette County Clerk's estates line before visiting. | Sunset helps identify accounts and title clues so the spouse knows whether estate settlement needs a Fayette County filing. |
| out-of-state adult child w/ small estate | For a W. Va. Code § 44-1A small estate, the child must confirm there is no probate real estate and that the W. Va. Code § 44-1A personal-property limit is met. Fayette's clerk page asks estate callers to make an appointment, so start by phone. | Sunset helps find accounts, prepare the asset list and organize the information needed before calling the clerk. |
| parent settling predeceased child's estate, home must be sold | Because probate real estate is involved, the W. Va. Code § 44-1A small-estate route is not available after July 9, 2025. The parent should expect a full Fayette County administration with qualification, the certificate of qualification and letters, appraisement under W. Va. Code § 44-1-14, creditor notice under W. Va. Code § 44-1-14a and closing under W. Va. Code § 44-2. | Sunset helps assemble the probate packet, track institution responses and connect the family with a local probate attorney if a sale or title issue needs legal help. |
Self-help resources
| Resource | How it helps | Link or contact |
|---|---|---|
| Fayette County Clerk's office | Handles routine estate filings for the Fayette County Commission under W. Va. Code § 7-1-3 and asks estate callers to phone for an appointment. | Fayette County Clerk; estates line 304-574-4327 |
| Fayette County Clerk fee schedule | Lists local probate-related document charges effective July 1, 2023. | Clerk fee schedule |
| Fayette County Clerk document search | Provides access through the clerk's page to a document index whose categories include probate documents, wills and fiduciary documents from 1993 to present. | Use the Document Search link on the Fayette County Clerk page. |
| West Virginia Judiciary record access page | Explains WVPASS for circuit court records. WVPASS is relevant to a will contest under W. Va. Code § 41-5-11 filed in circuit court, not to the county clerk estate file. | West Virginia court record access |
| West Virginia Judiciary e-filing page | Lists court e-filing systems; routine estate papers are filed on paper with the county clerk. | West Virginia Judiciary e-filing |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches for accounts, policies and other assets so families can complete the Fayette County estate settlement paperwork with fewer blind spots.
Generate the probate packet. Sunset turns the asset list, family information and filing path into an organized packet for the Fayette County Clerk's office, including the information needed for the appraisement under W. Va. Code § 44-1-14.
Find a local probate attorney. If the estate involves real estate, conflict, creditor issues under W. Va. Code § 44-1-14a or a circuit court dispute, Sunset can connect the family with a local attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, find assets and understand next steps without paying Sunset.
Frequently asked questions
Where do I file probate papers in Fayette County?
File routine estate papers with the Fayette County Clerk's office at 100 Court Street, Suite 1, Fayetteville, WV 25840. The Fayette County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and the clerk handles the estate filing at the courthouse.
Should I make an appointment before going to the Fayette County Clerk?
Yes. The clerk's page asks estate callers to call 304-574-4327 for an appointment to discuss options. It does not say walk-ins are refused, but calling first is the safest way to avoid an unnecessary trip.
Can I look up Fayette County estate documents online?
The Fayette County Clerk's page links to a document search that lists probate documents, wills and fiduciary documents among its categories, with records generally available from 1993 to present. Ask the county clerk's office what is not indexed or what still requires an in-office request.
Is WVPASS where I find a Fayette County estate file?
No. WVPASS is a circuit court record system and does not contain county clerk estate files. It may show a will contest under W. Va. Code § 41-5-11 if one is filed in circuit court, but the Fayette County estate file is a county clerk record.
Can I e-file a probate matter in Fayette County?
No online probate filing is published for Fayette County. West Virginia Judiciary e-filing covers appellate, circuit and family court systems, while routine estate papers are filed on paper with the county clerk.
Does Fayette County publish local probate forms?
The Fayette County Clerk's page does not publish downloadable local probate forms beyond the fee schedule. Statewide materials still apply: ET 6.01 is used for the appraisement under W. Va. Code § 44-1-14, ET 6.02 is used for the nonprobate inventory under W. Va. Code § 11-11-7, and the small-estate affidavit contents are set by W. Va. Code § 44-1A-2.
How much does it cost to record Fayette County probate documents?
Fayette's clerk fee schedule effective July 1, 2023 lists $12.00 to record a will, $12.00 to record an appraisement, $20.00 for appraisement publication, $7.00 to administer an oath, $12.00 to record a fiduciary bond and $17.00 to record a settlement, waiver or report. West Virginia has no statewide probate filing fee under W. Va. Code § 59-1-10.
Can a Fayette County estate use the West Virginia small-estate process?
Only if it fits W. Va. Code § 44-1A. Since July 9, 2025, W. Va. Code § 44-1A-2 excludes any estate with probate real estate, and the W. Va. Code § 44-1A personal-property limit is $50,000.
Do I have to travel to Fayetteville for every step?
Not necessarily, but the Fayette County Clerk's page tells estate callers to make an appointment by phone, and no Fayette County phone or video participation rule is published. Call 304-574-4327 and ask the county clerk's office what can be handled before you travel.
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.