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Kanawha County, WV Probate Information
Quick facts
| Topic | Kanawha County details |
|---|---|
| Probate authority | Kanawha County Commission, which holds probate jurisdiction under W. Va. Code § 7-1-3. |
| Filing office | Kanawha County Commission, Department of Fiduciary and Probate, the county's article 3A fiduciary supervisor office under W. Va. Code § 44-3A. |
| Office address | 407 Virginia Street East, Charleston, WV 25301. |
| Mailing address | P.O. Box 3627, Charleston, WV 25336. |
| County clerk for recording and records | 409 Virginia Street East, Charleston, WV 25301. Main line: (304) 357-0130. Record Room: (304) 357-0240. |
| Phone | (304) 357-0125. |
| Fax | (304) 357-0426. |
| [email protected]. | |
| Office hours | Monday through Friday, 8:00 a.m. to 5:00 p.m. The office does not close for lunch, but staff take rotating lunches. Appointment only. |
| Filing fee | No statewide probate filing fee under W. Va. Code § 59-1-10. Kanawha County publishes its own charges in the current estate administration overview posted August 2025: the office's appointment step ranges from $75 to $300, and the appraisement and settlement steps range from $20 to $30. The current overview says those amounts are payable by cash, check or money order to the Kanawha County Fiduciary Fund, and accepted payment methods should be confirmed with the office. Add recording charges under W. Va. Code § 59-1-10, the $20 notice to creditors publication fee under W. Va. Code § 44-1-14a(g), the $10 short form settlement recording and mailing fee under W. Va. Code § 44-3A-4a(e), and any bond premium under W. Va. Code § 44-1-8. |
| Local forms | Yes. The Department of Fiduciary and Probate publishes 26 downloadable PDFs, including Probate Check List With Will, Probate Check List Without Will and Short Form Settlement Report. |
| E-filing | West Virginia has no e-filing for probate. The West Virginia Judiciary's e-filing systems cover the Supreme Court, the Intermediate Court, and the circuit and family courts, none of which handles a routine estate. Kanawha County estate papers are filed on paper with the Department of Fiduciary and Probate, with the county clerk recording the required papers. |
| Case search | No online estate case search published by the Kanawha County Clerk's office. Estate records are county clerk records looked up through the Record Room in Charleston. WVPASS is a circuit court search and does not contain estate files. |
| Remote appearance | Most Kanawha County estates are handled at the counter and by mail and never require anyone to appear at a hearing. If the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3 or an objection is filed, a hearing may be scheduled. Whether participation by phone or video is available is set by that office, not by a statewide rule, so ask the Department of Fiduciary and Probate at (304) 357-0125. The county clerk records resulting estate papers. |
| Website | https://kanawha.us/about-us/commission-departments/fiduciary-probate/ |
Before you begin — know the assets and liabilities
Before you call for a Kanawha County appointment, build a clear list of what the person owned, what was in the person's name alone, what passed outside the estate, and what debts may exist. Kanawha's own paperwork ties the appointment step fee to everything the decedent's name was on and ties bond under W. Va. Code § 44-1-8 to assets in the decedent's name alone. That asset picture also drives the appraisement under W. Va. Code § 44-1-14 and the nonprobate inventory under W. Va. Code § 11-11-7.
Sunset searches more than 2,300 institutions to help families find accounts and assets before estate settlement paperwork is filed. In Kanawha County that matters because ET 6.01 under W. Va. Code § 44-1-14 and ET 6.02 under W. Va. Code § 11-11-7 are due back to the Department of Fiduciary and Probate within 90 days of qualification, and the county publishes a $10 late appraisement fee in its current overview posted August 2025.
Which court handles jurisdiction
Kanawha County estates are opened at one published probate counter: the Kanawha County Commission's Department of Fiduciary and Probate, 407 Virginia Street East in Charleston. The Kanawha County Clerk's office at 409 Virginia Street East records the will, appraisement and settlement, but the appointment and estate supervision happen at 407.
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 Kanawha County, you file with the Department of Fiduciary and Probate in Charleston. Kanawha's own checklist also says that if the person died in another county but owned real estate in Kanawha County, you must provide the tax ticket for that real estate.
The jurisdiction process
- Work out the asset picture before the appointment. Kanawha's current estate administration overview posted August 2025 says the appointment step fee is based on everything the decedent's name was on, and the bond question under W. Va. Code § 44-1-8 depends on what was in the decedent's name alone.
- Download the county packet. Use Probate Check List With Will if there is a will and Probate Check List Without Will if there is not. The Department of Fiduciary and Probate also publishes the Estate Appraisement and Nonprobate Inventory, the Short Form Settlement Report under W. Va. Code § 44-3A-4a, claim forms and ancillary affidavit forms.
- Call (304) 357-0125 to make an appointment. The office publishes that it is appointment only or you file through the mail, and that the first appointment usually takes an hour to an hour and a half including waiting.
- Bring the completed checklist, the original will if there is one, a certified death certificate and photo identification. Kanawha's checklist says the office cannot proceed with a copy of the will, that the original is recorded in the Kanawha County Record Room, and that the executor receives a sealed true copy.
- Go to 407 Virginia Street East in Charleston, not the County Clerk's office at 409. The Department of Fiduciary and Probate is open Monday through Friday, 8:00 a.m. to 5:00 p.m., and it does not close for lunch although staff rotate lunches.
- If the will names no executor, or if there is no will, follow Kanawha's consent rule. The county asks for original notarized consents from a majority of the heirs within the first 30 days after death. On the thirty-first day after the date of death, the county publishes that anyone, including a creditor, can be appointed over the estate without consent. W. Va. Code § 44-1-4 addresses appointment for an intestate estate, and W. Va. Code § 44-1-14a governs creditor notice.
- Address bond under W. Va. Code § 44-1-8. Bond is required by default under W. Va. Code § 44-1-6 unless the law excuses it. Kanawha publishes that without a will you must be bonded, that a corporate surety bond is used for assets over $10,000 according to the county checklist posted November 2024, that the minimum bond covers $10,000 according to that checklist, that an out of state fiduciary must get a corporate surety bond, and that a bond of $50,000 or more requires an attorney according to that same checklist.
- Qualify as personal representative. You take an oath, give any required bond under W. Va. Code § 44-1-8, and receive a certificate of qualification, the authority document banks often call letters testamentary when there is a will or letters of administration when there is not.
- File the appraisement and nonprobate inventory. ET 6.01 under W. Va. Code § 44-1-14 and ET 6.02 under W. Va. Code § 11-11-7 are due back to the Department of Fiduciary and Probate within 90 days of appointment. Kanawha's current overview posted August 2025 publishes a $10 late appraisement fee.
- Let the office record and publish notice. Kanawha publishes that after the appraisement under W. Va. Code § 44-1-14 is received, it is recorded with the County Clerk and published on the first two Wednesdays of the following month. That publication starts the creditor claim period under W. Va. Code § 44-3A-4(b) and W. Va. Code § 44-1-14a(a)(7).
- Pay claims only after the creditor period is handled. Kanawha publishes a Claim Against Decedent's Estate form and a Claim Release form. Its current overview says the office must have the original notarized release before the estate can move to settlement, and warns that a fiduciary who pays debts out of order can be personally liable. Creditor notice is governed by W. Va. Code § 44-1-14a.
- Close the estate. If there are no outstanding claims and the beneficiaries agree, Kanawha uses a Short Form Settlement Report under W. Va. Code § 44-3A-4a. If claims are outstanding or beneficiaries do not agree on the proposed distribution, the estate closes on a long form settlement with an accounting. The fiduciary supervisor records the short form settlement and holds it for 10 days under W. Va. Code § 44-3A-4a(e).
- Wait for the commission closing order. Kanawha publishes that estates ready to close are published in the newspaper on the first Monday of the succeeding month, and if there are no objections they close by order of the Kanawha County Commission under W. Va. Code § 7-1-3 on the last Thursday of the month in which the notice was published.
Executor duties
| Local duty | Kanawha County instruction |
|---|---|
| Bring the original will | The Department of Fiduciary and Probate says it cannot proceed with a copy. The original is recorded in the Kanawha County Record Room, and the executor receives a sealed true copy. |
| Give complete beneficiary and heir information | Kanawha's checklist asks for names, relationships and complete mailing addresses for beneficiaries, including churches, charities and trustees, and for bloodline heirs even when there is a will because a will contest under W. Va. Code § 41-5-11 is possible. |
| File the appraisement on time | ET 6.01 under W. Va. Code § 44-1-14 and ET 6.02 under W. Va. Code § 11-11-7 are due within 90 days of appointment. Kanawha's current overview posted August 2025 publishes a $10 late appraisement fee. |
| Get original claim releases | For a paid creditor, Kanawha requires an original notarized release with the notary seal before the estate can move to settlement. Creditor notice and claims are tied to W. Va. Code § 44-1-14a. |
| Pay debts carefully | Kanawha warns that a fiduciary who pays debts out of order can be personally liable, and that assets in the decedent's name alone can be sold for debt before distribution. |
| Time distribution | The county instructs the fiduciary to distribute after the settlement is filed with the office and before the Kanawha County Commission signs the closing order under W. Va. Code § 7-1-3. |
| Pay the office correctly | Fees are payable to the Kanawha County Fiduciary Fund. The current overview posted August 2025 lists cash, check or money order, but another county checklist mentions cards, so confirm accepted payment methods with the office. |
Forms and documents
Probate forms in Kanawha County
The Kanawha County Department of Fiduciary and Probate publishes 26 downloadable PDFs on its website, including county checklists, appraisement papers, settlement papers, claim forms and ancillary administration affidavits. West Virginia does not publish a statewide numbered probate form set, so Kanawha's county packet is the best starting point for estate settlement paperwork in this county.
| Form or packet | Use |
|---|---|
| Probate Check List With Will | County packet for an estate where the decedent left an original will. The checklist covers the appointment, required information, bond under W. Va. Code § 44-1-8 and the county's appointment-only process. |
| Probate Check List Without Will | County packet for an intestate estate under W. Va. Code § 44-1-4. It includes the county's consent instructions for heirs and the day thirty-one appointment rule. |
| Overview of the Estate Administration Process | Kanawha's step-by-step overview of appointment, appraisement under W. Va. Code § 44-1-14, creditor publication under W. Va. Code § 44-1-14a and settlement. |
| Estate Appraisement and Nonprobate Inventory | ET 6.01 is the appraisement required under W. Va. Code § 44-1-14. ET 6.02 is the nonprobate inventory required under W. Va. Code § 11-11-7. |
| Short Form Settlement Report | Kanawha's article 3A settlement form for eligible estates, tied to W. Va. Code § 44-3A-4a. |
| Family Tree | Used to organize heirs and family relationships for the Department of Fiduciary and Probate. |
| Claim Against Decedent's Estate and Claim Release | Used for creditor claims and releases. Creditor publication and claims are governed by W. Va. Code § 44-1-14a. |
| Proof of Holographic Will and Attestation Clause | Used when the office needs proof related to a handwritten will or a witness issue. |
| Three ancillary administration affidavit variants | Kanawha publishes versions for an original will, for an intestate nonresident, and for a testate nonresident with an authenticated copy. The statutory routes are W. Va. Code § 44-1-4 and W. Va. Code § 41-5-13. |
The published Kanawha County form library does not include a small estate affidavit. The contents of that affidavit are set by W. Va. Code § 44-1A-2(e), so ask the Department of Fiduciary and Probate for the current small-estate packet if that route may apply.
Fees
West Virginia has no statewide probate filing fee. What you pay in Kanawha County is a set of charges collected by the Department of Fiduciary and Probate at each step, plus per document recording charges the Kanawha County Clerk's office collects under W. Va. Code § 59-1-10, the $20 notice to creditors publication fee under W. Va. Code § 44-1-14a(g), the $10 short form settlement recording and mailing fee under W. Va. Code § 44-3A-4a(e), the cost of newspaper publication and any bond premium under W. Va. Code § 44-1-8.
| Charge | Kanawha County detail |
|---|---|
| County step fees | The county's current estate administration overview posted August 2025 says Step 1 ranges from $75 to $300, based on everything the decedent's name was on, and Steps 2 and 3 range from $20 to $30. |
| Payment method | The payee is the Kanawha County Fiduciary Fund. The current overview posted August 2025 lists cash, check or money order, but another county checklist mentions cards, so confirm accepted payment methods with the office. |
| Recording charges | W. Va. Code § 59-1-10 is the county clerk recording schedule. It includes $10 for a document of five pages or fewer, $1 for each additional page and $5 to administer an oath. |
| Article 3A qualification cap | Kanawha County runs the fiduciary supervisor system under W. Va. Code § 44-3A. W. Va. Code § 44-3A-42(a) caps the fiduciary supervisor's qualification fee at $25 for gross assets of $10,000 or less, $100 up to $50,000 and $175 above that, effective July 1, 2023. |
| Fiduciary commissioner charges in article 3A | If an estate is referred to a fiduciary commissioner under W. Va. Code § 44-3A-5, W. Va. Code § 44-3A-42(c) uses an itemized voucher reviewed by the county commission, bars fees based on the monetary value of the estate, and requires a posted schedule of suggested rates under W. Va. Code § 44-3A-42(e). |
| Referral contrast | Because Kanawha County runs the fiduciary supervisor system, whether an estate is referred to a fiduciary commissioner is decided under W. Va. Code § 44-3A-5 rather than under W. Va. Code § 44-2-1(b), which applies in counties without a supervisor. |
| Late appraisement fee | Kanawha's current overview posted August 2025 publishes a $10 late fee if the appraisement required by W. Va. Code § 44-1-14 is not returned by the due date. |
Timeline
- Appointment timing: Kanawha's checklist posted November 2024 says the appointment of the fiduciary will normally be made within 30 days from the date of death. For an intestate estate, W. Va. Code § 44-1-4 also uses a 30-day mark before appointment may be granted to a creditor or other fit person.
- Appointment visit: Kanawha's checklist says the first step takes about an hour to an hour and a half, including waiting. Call (304) 357-0125 before going because the office is appointment only.
- Appraisement deadline: the fiduciary must return ET 6.01 under W. Va. Code § 44-1-14 and ET 6.02 under W. Va. Code § 11-11-7 within 90 days after appointment. Kanawha's current overview posted August 2025 publishes a $10 late appraisement fee.
- Publication calendar: Kanawha publishes that once the appraisement under W. Va. Code § 44-1-14 is received, it is recorded in the County Clerk's office and published in the newspaper on the first two Wednesdays of the following month. Creditor publication is governed by W. Va. Code § 44-1-14a and W. Va. Code § 44-3A-4.
- Creditor period: the county's current overview uses a 60-day creditor claim period, consistent with W. Va. Code § 44-3A-4(b) and W. Va. Code § 44-1-14a(a)(7).
- Settlement hold: when a short form settlement is used, the fiduciary supervisor records it, mails copies and holds it for 10 days for objections under W. Va. Code § 44-3A-4a(e).
- Closing calendar: Kanawha publishes that estates ready to close are published on the first Monday of the succeeding month, and if no objections are made they close by order of the Kanawha County Commission under W. Va. Code § 7-1-3 on the last Thursday of that month.
- Outer limit: Kanawha's overview points to the five-year completion rule. W. Va. Code § 44-4-14a addresses the five-year deadline for full and final settlement after appointment.
Local nuance
Kanawha County-specific considerations
| Local point | Why it matters |
|---|---|
| The office is not the County Clerk's office | Kanawha County has an article 3A fiduciary supervisor office under W. Va. Code § 44-3A at 407 Virginia Street East. The County Clerk at 409 records documents, but the Department of Fiduciary and Probate handles appointment and estate supervision. |
| Appointment only, then mail | The county says the office is appointment only or you file through the mail, and that the appointment is the only step that must be done in person. Later steps can be returned by mail. |
| The original will stays in the record | Kanawha's checklist says the original will is recorded in the Kanawha County Record Room and is not returned. The executor receives a sealed true copy. Admission of a will is tied to W. Va. Code § 41-5-10. |
| Consent changes after day thirty | If the will names no executor, or if there is no will, Kanawha asks for notarized original consents from a majority of heirs within the first 30 days after death. On the thirty-first day after the date of death, the county publishes that anyone, including a creditor, can be appointed without consent. W. Va. Code § 44-1-4 addresses intestate appointment, and W. Va. Code § 44-1-14a governs creditor notice. |
| Handwritten wills need outside witnesses | For a holographic will, Kanawha publishes proof forms and says witnesses must verify the decedent's signature under oath with photo identification and cannot be related to the decedent or be an heir or beneficiary. |
| Out of state fiduciaries and larger bonds | Kanawha's checklist posted November 2024 says an out of state fiduciary must use a corporate surety bond and that a bond of $50,000 or more requires an attorney. Bond law is in W. Va. Code § 44-1-8. |
| The county publishes a closing calendar | The appraisement under W. Va. Code § 44-1-14 publishes on the first two Wednesdays of the following month, estates ready to close publish on the first Monday of the succeeding month, and the Kanawha County Commission closing order under W. Va. Code § 7-1-3 comes on the last Thursday of that month if there are no objections. |
Recent updates
Scenarios
| Situation | Kanawha County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | If the home was held jointly with survivorship, it does not pass through the estate, but it still belongs on the nonprobate inventory ET 6.02 under W. Va. Code § 11-11-7. If the decedent's name alone was on the house, the spouse should call the Department of Fiduciary and Probate for an appointment at 407 Virginia Street East and bring the original will and photo identification. Where the will names the spouse as executor and the spouse is the sole beneficiary, no surety is required under W. Va. Code § 44-1-8. | Sunset helps find accounts, debts and nonprobate assets before the spouse completes estate settlement forms, including ET 6.01 under W. Va. Code § 44-1-14 and ET 6.02 under W. Va. Code § 11-11-7. |
| Out of state adult child with small estate | Call (304) 357-0125 before traveling. Kanawha says the appointment is the only step that must be done in person and everything else can be returned by mail. If the adult child is appointed from out of state, Kanawha's checklist says a corporate surety bond is required, tied to W. Va. Code § 44-1-8. If the estate may qualify for the small estate affidavit route under W. Va. Code § 44-1A-2, remember that the department's published form library does not include the affidavit, so ask the office for the current packet. | Sunset can help the child identify assets before deciding whether full estate settlement is needed, before booking the Charleston appointment, and before estimating bond and appraisement requirements. |
| Parent settling predeceased child's estate, home must be sold | Because probate real estate is involved, the small estate affidavit route under W. Va. Code § 44-1A-2 is not the path. The parent is appointed through the Department of Fiduciary and Probate, lists the real estate on the appraisement under W. Va. Code § 44-1-14, and follows Kanawha's warning that assets in the decedent's name alone may need to be sold for debt before distribution. If the bond is $50,000 or more, Kanawha's checklist posted November 2024 says an attorney is required, and bond is governed by W. Va. Code § 44-1-8. | Sunset helps organize accounts, debts and real estate information so the parent can complete the appraisement, evaluate claims and decide whether to connect with a local probate attorney for the sale and settlement. |
Self-help resources
| Resource | What it provides | Contact |
|---|---|---|
| Kanawha County Department of Fiduciary and Probate https://kanawha.us/about-us/commission-departments/fiduciary-probate/ | County probate checklists, the estate administration overview, appraisement and nonprobate inventory forms, the short form settlement report under W. Va. Code § 44-3A-4a, claim forms, ancillary affidavits, appointments and questions about an open estate. | (304) 357-0125. [email protected]. 407 Virginia Street East, Charleston. |
| Kanawha County Clerk's office https://kanawha.us/county-clerk/ | Recording of the will, appraisement and settlement, and the Record Room where county clerk estate records are looked up. | Main office: (304) 357-0130. Record Room: (304) 357-0240. 409 Virginia Street East, Charleston. |
| Legal Aid of West Virginia https://legalaidwv.org/about-us/our-locations/ | Free civil legal help for people who qualify. Its Charleston office covers Kanawha County. Whether it can take an estate matter depends on the case and eligibility. | Helpline: 866-255-4370. Charleston office: 123 Washington Street West, Suite 101, Charleston, WV 25302. (304) 343-4481. |
| West Virginia State Bar Lawyer Referral Service https://wvlawyerreferral.org/go | Referral to a local lawyer. The Bar publishes that the service provides a 30-minute consultation from a local, qualified lawyer for $25 or less. | (800) 642-3617. Tuesdays, 6:00 p.m. to 8:00 p.m. Online requests are also taken. |
| West Virginia Free Legal Answers https://wv.freelegalanswers.org/ | Online civil legal question clinic for qualifying users. Volunteer West Virginia lawyers answer by email, and the site states volunteers cannot call users or represent them in court. | Online only. |
| West Virginia Law Library https://www.courtswv.gov/public-resources/law-library | Public law library in Charleston for reading the West Virginia Code and Judiciary materials. | Building 1, Room E-404, 1900 Kanawha Boulevard East, Charleston, WV 25305. Published hours: Monday through Friday, 8:00 a.m. to 4:00 p.m., closed legal holidays. |
When to hire an attorney
A lawyer makes sense in Kanawha County if the county requires one for a bond of $50,000 or more under its checklist posted November 2024, if the estate involves a will contest under W. Va. Code § 41-5-11 or an appeal under W. Va. Code § 58-3-1, if the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3A-5, if real estate must be sold to pay debts, if beneficiaries do not agree on distribution, or if the fiduciary is worried about personal liability for paying claims out of order under the creditor process in W. Va. Code § 44-1-14a. Sunset connects families with a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps identify bank accounts, investments, insurance, retirement accounts and other assets before the Kanawha County appointment. That makes the appraisement under W. Va. Code § 44-1-14 and nonprobate inventory under W. Va. Code § 11-11-7 easier to complete and supports a cleaner estate settlement.
Generate the probate packet. Sunset organizes the information families need for Kanawha's county checklists, beneficiary address lists, claim tracking and settlement paperwork, including the Short Form Settlement Report under W. Va. Code § 44-3A-4a when that path fits.
Find a local probate attorney. If the estate has a will contest under W. Va. Code § 41-5-11, an appeal under W. Va. Code § 58-3-1, a larger bond issue under W. Va. Code § 44-1-8, a real estate sale or a creditor dispute under W. Va. Code § 44-1-14a, Sunset can connect the family with a vetted West Virginia attorney.
Sunset is free for families. Families can use Sunset to make estate settlement more organized before calling the Kanawha County Department of Fiduciary and Probate, preparing the appraisement, or closing the estate.
Frequently asked questions
Where do I file probate in Kanawha County?
File with the Kanawha County Commission's Department of Fiduciary and Probate at 407 Virginia Street East in Charleston. The Kanawha County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and Kanawha uses a fiduciary supervisor office under W. Va. Code § 44-3A. The Kanawha County Clerk's office at 409 Virginia Street East records the papers, but the appointment happens at 407.
Do I need an appointment to open an estate in Kanawha County?
Yes. The Department of Fiduciary and Probate publishes that the office is appointment only or you file through the mail. Call (304) 357-0125 before going to Charleston.
How long does the Kanawha County appointment take and what should I bring?
Kanawha's checklist says the first step takes about an hour to an hour and a half including waiting. Bring the completed county checklist, the original will if there is one, a certified death certificate and photo identification. If there is an appraisement question, ET 6.01 under W. Va. Code § 44-1-14 and ET 6.02 under W. Va. Code § 11-11-7 are due within 90 days of appointment.
What does it cost to open an estate in Kanawha County?
Kanawha's current estate administration overview posted August 2025 says the appointment step ranges from $75 to $300 and the appraisement and settlement steps range from $20 to $30. The current overview says fees are payable by cash, check or money order to the Kanawha County Fiduciary Fund, but another county checklist mentions cards, so confirm accepted payment methods with the office. Add recording charges under W. Va. Code § 59-1-10, the $20 notice to creditors publication fee under W. Va. Code § 44-1-14a(g), the $10 short form settlement fee under W. Va. Code § 44-3A-4a(e), and any bond premium under W. Va. Code § 44-1-8.
Does Kanawha County have its own probate forms?
Yes. The Department of Fiduciary and Probate publishes 26 downloadable PDFs, including Probate Check List With Will, Probate Check List Without Will, Estate Appraisement and Nonprobate Inventory, Short Form Settlement Report under W. Va. Code § 44-3A-4a, claim forms and ancillary affidavit forms.
Can I file a Kanawha County estate online?
No. West Virginia has no e-filing for probate. The West Virginia Judiciary's e-filing systems cover the Supreme Court, the Intermediate Court, and the circuit and family courts, none of which handles a routine estate. Kanawha County estate papers are filed on paper with the Department of Fiduciary and Probate, and the county clerk records the required papers. The county publishes that the appointment is the only step that must be done in person and later steps can be returned by mail.
Can I look up a Kanawha County estate file online?
The Kanawha County Clerk's office does not publish an online estate case search on its website. Estate records are county clerk records looked up through the Record Room in Charleston. WVPASS searches circuit court records and would show a will contest under W. Va. Code § 41-5-11 filed in the Circuit Court of Kanawha County, not the estate file itself.
Do I have to travel to Charleston if I live out of state?
Kanawha publishes that the appointment is the only step that must be done in person and that everything else can be sent back by mail. Call (304) 357-0125 before traveling. If you are appointed from out of state, Kanawha's checklist says you must get a corporate surety bond, tied to W. Va. Code § 44-1-8.
Do I have to post a bond in Kanawha County?
Bond is required by default under W. Va. Code § 44-1-6 unless an exception applies under W. Va. Code § 44-1-8. Kanawha publishes that without a will you must be bonded, that an out of state fiduciary must get a corporate surety bond, and that a bond of $50,000 or more requires an attorney according to the county checklist posted November 2024.
When does the Kanawha County Commission close an estate?
For estates ready to close, Kanawha publishes that names are published in the newspaper on the first Monday of the succeeding month and, if no objections are made, all advertised estates close by order of the Kanawha County Commission under W. Va. Code § 7-1-3 on the last Thursday of the month in which the notice was published. A short form settlement is held for 10 days under W. Va. Code § 44-3A-4a(e).
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.