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Gilmer County, WV Probate Information
Quick facts
| Topic | Details |
|---|---|
| Probate authority | Gilmer County Commission, with day-to-day filings handled by the Gilmer County Clerk under W. Va. Code § 7-1-3. |
| Filing office | Gilmer County Clerk's office |
| Courthouse address | 10 Howard Street, Glenville, WV 26351 |
| Mailing address | No separate mailing address is published on the county clerk page. |
| Phone | (304) 462-7641 |
| Fax | (304) 462-8855 is the directory-listed fax. Call before sending time-sensitive papers. |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. |
| Costs to start | No single statewide probate filing fee appears in W. Va. Code § 59-1-10. As of August 2026, W. Va. Code § 59-1-10 lists $10 for a document of five pages or fewer, $1 for each additional page, and $5 to administer an oath. W. Va. Code § 44-1-14a(g) lists $20 for the clerk's notice to creditors. Gilmer County does not publish a local probate fee schedule online, so call for current charges, publication cost, and any bond requirement under W. Va. Code § 44-1-8. |
| Forms | No Gilmer-specific probate forms, checklist, or brochure are published on the county clerk page. 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 W. Va. Code § 44-1A small-estate affidavit content is statutory. |
| Electronic filing | Estate papers are filed on paper with the Gilmer County Clerk. West Virginia Judiciary e-filing covers appellate, circuit, and family courts, not routine county clerk estate filings. |
| Record lookup | There is no statewide online court docket for a routine Gilmer County estate. The county website hosts an IDX recorded-document index with estate-related document types. WVPASS is a circuit court search and does not contain estate files. |
| Remote participation | Most estates are handled at the clerk counter. If a hearing is needed, ask the Gilmer County Clerk whether phone or video participation is available. |
| Website | https://www.gilmercountywv.gov/cms.aspx?Name=CountyClerk |
Before you begin — know the assets and liabilities
Before you call or visit the Gilmer County Clerk, make a list of the decedent's probate assets, nonprobate assets, debts, account numbers, and how any real estate is titled. The appraisement, ET 6.01, must be returned under W. Va. Code § 44-1-14, and the nonprobate inventory, ET 6.02, is filed under W. Va. Code § 11-11-7, so the asset work comes first.
Sunset searches more than 2,300 institutions to help families find accounts, policies, and other assets before the first clerk visit. That makes estate settlement in Gilmer County easier to plan because the local website does not publish a probate checklist, fee schedule, appointment rule, or bond instructions.
Which court handles jurisdiction
Gilmer County has one published filing location for estates: the Gilmer County Clerk's office at 10 Howard Street in Glenville. The county website does not publish a branch filing office.
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 Gilmer County, file with the Gilmer County Clerk in Glenville.
A will contest goes to the Circuit Court of Gilmer County under W. Va. Code § 41-5-11, and an appeal from a final Gilmer County Commission order lies to the same circuit court under W. Va. Code § 58-3-1.
The jurisdiction process
- Collect the original will if there is one, death certificate, names and addresses of heirs or beneficiaries, asset information, debt information, and real estate details before you contact the Gilmer County Clerk.
- Call the Gilmer County Clerk's office at (304) 462-7641 before going to 10 Howard Street in Glenville. The county does not publish an appointment policy, a local fee schedule, or local bond instructions, so ask what to bring and what current charges apply.
- File the will, if any, and ask to qualify as personal representative. West Virginia probate is not a routine court case. The Gilmer County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and the clerk admits the will under W. Va. Code § 41-5-10 or appoints an administrator for an intestate estate under W. Va. Code § 44-1-4.
- Take the oath and address bond. Unless the will or W. Va. Code § 44-1-8 excuses it, the clerk will require bond or surety before authority issues.
- Receive the certificate of qualification, the document banks often call letters testamentary when there is a will or letters of administration when there is no will. Ask for certified copies for banks, brokerages, and transfer agents.
- Pay the clerk's current charges. Gilmer County does not publish a local probate fee schedule online. W. Va. Code § 59-1-10 controls county clerk recording and oath charges, and W. Va. Code § 44-1-14a covers the notice to creditors.
- File the appraisement, ET 6.01, and the nonprobate inventory, ET 6.02. The appraisement is due within 90 days of qualification under W. Va. Code § 44-1-14, and the nonprobate inventory is filed under W. Va. Code § 11-11-7.
- Handle the creditor notice and claims period. The clerk's published notice to creditors and the creditor claim process are governed by W. Va. Code § 44-1-14a. Keep proof of any required mailed notices.
- Administer the estate, collect assets, pay allowed claims and expenses, sell estate property if authority is needed, and keep records for the closing settlement under W. Va. Code § 44-2.
- Close the estate through the Gilmer County Clerk's office. Ask the clerk which closing document fits the estate and use the county website's IDX recorded-document index if you need to check recorded estate filings, settlements, wills, or fiduciary bonds.
Forms and documents
Probate forms in Gilmer County
West Virginia does not use a statewide numbered probate form set for county estate filings. The appraisement, ET 6.01, is connected to W. Va. Code § 44-1-14, and the nonprobate inventory, ET 6.02, is connected to W. Va. Code § 11-11-7. The contents of the W. Va. Code § 44-1A small-estate affidavit are set by W. Va. Code § 44-1A-2.
The Gilmer County Clerk's office does not publish additional probate forms, a probate checklist, or a probate brochure on its website. Call (304) 462-7641 to ask what paper packet the office uses when you qualify.
Local nuance
Gilmer County-specific considerations
The county website hosts an IDX recorded-document index titled for Gilmer County. Its document-type list includes estate, estate annual accounting, estate lien book, fiduciary bond, settlement categories, will categories, and W. Va. Code § 44-1A small-estate categories.
The index is a recorded-document index, not a court case docket. It was not linked from the clerk page navigation reviewed for this page, so if you cannot find it from the visible menu, call the Gilmer County Clerk at (304) 462-7641 and ask for the current recorded-document search link.
Recent updates
Scenarios
| Situation | Likely Gilmer County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with how the home is titled. If the home passes outside the estate, the spouse may not need a Gilmer County estate filing for that asset. If an estate must be opened, call the Gilmer County Clerk and qualify at 10 Howard Street in Glenville. Ask about bond under W. Va. Code § 44-1-8 and current charges because the county does not publish those details online. | Sunset helps identify whether accounts, policies, or real estate interests are probate assets before the spouse begins estate settlement. |
| Out-of-state adult child with small estate | Call (304) 462-7641 before traveling. If the W. Va. Code § 44-1A small-estate route applies, the affidavit process is handled through the clerk rather than a court docket. As of August 2026, W. Va. Code § 44-1A uses a $50,000 personal-property limit, and for applications after July 9, 2025, W. Va. Code § 44-1A is not available if the decedent owned probate real estate. | Sunset helps find accounts and balances so the child can compare the estate to the W. Va. Code § 44-1A requirements before making a trip. |
| Parent settling predeceased child's estate, home must be sold | Selling probate real property usually requires full administration and a certificate of qualification, meaning letters testamentary or letters of administration, from the Gilmer County Clerk. The appraisement is due within 90 days under W. Va. Code § 44-1-14, and the creditor notice process follows W. Va. Code § 44-1-14a. The county's IDX index can help track recorded filings such as wills, fiduciary bonds, and settlements. | Sunset helps assemble the asset list, generate an estate settlement packet, and connect the parent with a local probate attorney if a sale, debt issue, or title question needs legal help. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Gilmer County Clerk's office | The local filing office for Gilmer County estates. The clerk admits wills, appoints executors or administrators, records estate papers, and maintains recorded documents for the Gilmer County Commission under W. Va. Code § 7-1-3. | 10 Howard Street, Glenville, WV 26351. Phone: (304) 462-7641. Fax: (304) 462-8855. Website: https://www.gilmercountywv.gov/cms.aspx?Name=CountyClerk |
| Legal Aid West Virginia | Statewide civil legal aid intake for people who qualify. Its published case list does not specifically list wills, estates, or probate, so use it as general civil legal aid intake and ask whether help is available. | 866-255-4370. https://legalaidwv.org/get-help/apply-for-help/ |
| West Virginia State Bar Lawyer Referral Service | Public lawyer referral service by location and practice area. The State Bar states that the initial consultation is no more than $25 for the first 30 minutes, as published and confirmed August 2026. | https://wvlawyerreferral.org/ |
| Tuesday Legal Connect | Free State Bar telephone hotline for general legal questions. Volunteer lawyers answer calls every Tuesday from 6 p.m. to 8 p.m.; the hotline gives general legal information, not direct representation. | 1-800-642-3617. https://wvlawyerreferral.org/pages/resources-hotline |
| West Virginia Free Legal Answers | Free online service where an income-eligible West Virginian can post a civil legal question and receive an answer by email from a volunteer attorney. | https://wv.freelegalanswers.org/ |
When to hire an attorney
You may want a West Virginia probate attorney if the family disagrees about the will, a will contest is possible under W. Va. Code § 41-5-11, real estate must be sold, creditor claims under W. Va. Code § 44-1-14a exceed available cash, an out-of-state fiduciary needs bond guidance under W. Va. Code § 44-1-8, or the estate needs a Circuit Court of Gilmer County appeal under W. Va. Code § 58-3-1. Sunset connects you to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investment accounts, insurance policies, retirement accounts, real estate clues, and other assets that drive the Gilmer County estate settlement process.
Generate the probate packet. Sunset turns the information you provide into an organized packet for the Gilmer County Clerk, including asset lists, family information, debt notes, and next-step checklists for estate settlement.
Find a local probate attorney. If the estate involves a home sale, a dispute, creditor problems, or a question the clerk cannot answer, Sunset can help you connect with a vetted West Virginia probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate, understand the filing path, and decide whether they can handle the clerk process themselves or need legal help.
Frequently asked questions
Where do I file probate papers in Gilmer County?
File with the Gilmer County Clerk's office at 10 Howard Street in Glenville. The Gilmer County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and the clerk handles routine filings for the commission.
Is Gilmer County probate handled by a court?
No. A routine Gilmer County estate is handled through the Gilmer County Clerk for the Gilmer County Commission under W. Va. Code § 7-1-3. A will contest goes to the Circuit Court of Gilmer County under W. Va. Code § 41-5-11, and an appeal goes there under W. Va. Code § 58-3-1.
Can I e-file a Gilmer County estate?
No local probate e-filing is published for Gilmer County. Estate papers are filed on paper with the Gilmer County Clerk. West Virginia Judiciary e-filing covers appellate, circuit, and family courts, not routine county clerk estate filings.
Can I look up a Gilmer County estate online?
There is no statewide court case search for routine estate files. Gilmer County's website hosts an IDX recorded-document index with estate, will, fiduciary bond, settlement, and W. Va. Code § 44-1A small-estate document types. WVPASS is a circuit court records search and does not contain estate files.
Does the Gilmer County Clerk publish local probate forms?
The Gilmer County Clerk's website does not publish a local probate form packet, checklist, or brochure. 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 W. Va. Code § 44-1A small-estate affidavit contents are set by W. Va. Code § 44-1A-2.
What does it cost to open an estate in Gilmer County?
Gilmer County does not publish a local probate fee schedule online. There is no single statewide probate filing fee in W. Va. Code § 59-1-10. As of August 2026, W. Va. Code § 59-1-10 lists clerk recording and oath charges, and W. Va. Code § 44-1-14a(g) lists the $20 notice to creditors fee. Call the clerk for current total charges, publication cost, and any bond requirement under W. Va. Code § 44-1-8.
Do I have to travel to Glenville to handle a Gilmer County estate?
Call (304) 462-7641 before traveling. The county does not publish an appointment rule or remote process. Most estates are handled at the clerk counter, and if a hearing is needed before a fiduciary commissioner under W. Va. Code § 44-3 or before the Gilmer County Commission under W. Va. Code § 7-1-3, ask the Gilmer County Clerk whether phone or video participation is available.
Can I use a small-estate affidavit in Gilmer County if there is real estate?
No, if the decedent owned probate real estate. For applications after July 9, 2025, W. Va. Code § 44-1A does not allow the small-estate route when the decedent owned probate real property or an interest in probate real property. As of August 2026, the personal-property limit is $50,000 under W. Va. Code § 44-1A.
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.