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Lincoln County, WV Probate Information
Quick facts
| Topic | Details |
|---|---|
| Probate authority | Lincoln County Commission, with estate filings handled day to day by the Lincoln County Clerk's office under W. Va. Code § 7-1-3. |
| Courthouse address | 8000 Court Avenue, Hamlin, WV 25523. |
| Mailing address | P.O. Box 497, Hamlin, WV 25523. |
| Phone | (304) 824-7990, extension 233 for probate appointments. |
| Fax | (304) 824-2444. |
| Hours | Monday through Friday, 9:00 a.m. to 4:30 p.m. |
| Cost to open | West Virginia has no single statewide probate filing fee under W. Va. Code § 59-1-10. As of August 2026, routine costs are per-document recording charges, including $10 for a document of five pages or fewer, $1 for each additional page, and $5 for an oath under W. Va. Code § 59-1-10, plus a $20 notice fee under W. Va. Code § 44-1-14a(g). Lincoln County does not publish a separate estate fee schedule on its site. |
| Local probate forms | The Lincoln County Clerk's office does not publish downloadable Lincoln-specific probate forms on its website. Statewide estate papers include ET 6.01, the appraisement due under W. Va. Code § 44-1-14, ET 6.02, the nonprobate inventory due under W. Va. Code § 11-11-7, and the small-estate affidavit contents in W. Va. Code § 44-1A-2(e). |
| E-filing | No probate e-filing. Estate papers are filed on paper with the Lincoln County Clerk. |
| Estate file lookup | There is no statewide online search for West Virginia estate files. Estate records are county clerk records held by the Lincoln County Clerk. WVPASS searches circuit court records and would show a will contest under W. Va. Code § 41-5-11 filed in Lincoln Circuit Court, not the estate file itself. |
| Phone or video questions | Most estates are handled at the clerk's counter. If an objection or referred matter is scheduled, ask the Lincoln County Clerk's office whether any phone or video participation is available. |
| Website | Lincoln County Clerk and Probate and recordings. |
Before you begin — know the assets and liabilities
Before you call Lincoln County, make a working list of what the person owned, what was jointly owned, what had beneficiaries, and what debts or final bills remain. Estate settlement in West Virginia depends on separating probate assets from nonprobate assets before you sign county clerk paperwork.
Sunset can help you search across 2,300 institutions for accounts, insurance, investments, and other assets, then organize the information you need for a Lincoln County appointment. That asset picture also helps decide whether the matter fits a small-estate affidavit under W. Va. Code § 44-1A-2 or needs a personal representative.
Which court handles jurisdiction
The Lincoln County Clerk's office at the courthouse in Hamlin serves estate filings for Lincoln County. If the decedent lived in Lincoln County, you file with the Lincoln County Clerk because W. Va. Code § 41-5-4 places the will where the person had a residence at death, and W. Va. Code § 44-1-4 places an estate with no will in the same county commission process under W. Va. Code § 7-1-3.
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 goes to the Circuit Court of Lincoln County. The estate file itself remains a county clerk record.
The jurisdiction process
- Call the Lincoln County Clerk's office at (304) 824-7990, extension 233, before going to the courthouse in Hamlin. Ask what the office wants for your appointment and whether the estate should begin as a personal representative appointment or, if there is no probate real estate, a small-estate affidavit under W. Va. Code § 44-1A-2. The small-estate personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4), current as of August 2026, and the route is not available for probate real estate after the July 9, 2025 change to W. Va. Code § 44-1A-2.
- Gather the local appointment items Lincoln County lists. With a will, bring the original will, complete contact information for all beneficiaries, valid photo identification for the named executor, and an estate bond under W. Va. Code § 44-1-8 if the will does not excuse it. Without a will, bring an estate bond from an insurance agency under W. Va. Code § 44-1-8, names, addresses, and phone numbers for all heirs, and valid photo identification for the proposed administrator.
- File the original will, if there is one, and the appointment papers with the Lincoln County Clerk at 8000 Court Avenue in Hamlin, or use the mailing address the clerk gives you for follow-up papers. The clerk handles the will recording and appointment process for the Lincoln County Commission under W. Va. Code § 7-1-3 and W. Va. Code § 41-5-10.
- Pay the charges the clerk gives you. Lincoln County does not publish a separate estate fee schedule. As of August 2026, West Virginia charges include per-document recording charges and oath charges under W. Va. Code § 59-1-10, plus a $20 notice fee for the clerk's notice to creditors under W. Va. Code § 44-1-14a(g), and later a $10 recording and mailing charge for a waiver or report under W. Va. Code § 44-2-1(c) if the estate follows that article.
- After appointment, complete the appraisement, ET 6.01, under W. Va. Code § 44-1-14, and the nonprobate inventory, ET 6.02, under W. Va. Code § 11-11-7. Those forms are due within 90 days of qualification under W. Va. Code § 44-1-14.
- The clerk publishes the notice to creditors under W. Va. Code § 44-1-14a. If a creditor claim, objection, or other dispute causes a reference, a fiduciary commissioner may become involved under W. Va. Code § 44-3.
- Most Lincoln County estates do not require a hearing. If a referred matter or objection is scheduled before a fiduciary commissioner under W. Va. Code § 44-3 or before the Lincoln County Commission under W. Va. Code § 7-1-3, ask the Lincoln County Clerk's office whether any phone or video participation is available.
- When appointed, the personal representative takes the oath and receives a certificate of qualification, the letters document that banks usually need. Ask for enough certified copies for the estate settlement tasks you expect to handle.
- Collect assets, pay valid expenses and claims, distribute property, and close the estate through the clerk. A waiver of final settlement is governed by W. Va. Code § 44-2-29, and other final settlement steps are governed by W. Va. Code § 44-2.
Forms and documents
Probate forms in Lincoln County
West Virginia does not publish one statewide probate form set. The appraisement, ET 6.01, is filed 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 contents are set by W. Va. Code § 44-1A-2(e).
The Lincoln County Clerk's office does not publish downloadable Lincoln-specific probate forms on its website. Its probate page links to a private online form provider for a West Virginia small-estate form under W. Va. Code § 44-1A-2, but that is not a Lincoln County form. Ask the clerk what the office wants you to bring before relying on a private form.
| Form or paper | Where it comes from | Local note |
|---|---|---|
| Original will | Family records | Bring the original if there is one. The clerk records the will under W. Va. Code § 41-5-10. |
| Beneficiary or heir contact list | You prepare it | Lincoln County asks for complete contact information for beneficiaries when there is a will, and names, addresses, and phone numbers for heirs when there is no will. |
| Photo identification | You bring it | Lincoln County lists valid photo identification for the executor or administrator. |
| Estate bond paperwork | Insurance agency or other bond source | Lincoln County lists an estate bond for matters where it is needed under W. Va. Code § 44-1-8. |
| ET 6.01 appraisement | West Virginia State Tax Department form | Due within 90 days of qualification under W. Va. Code § 44-1-14. |
| ET 6.02 nonprobate inventory | West Virginia State Tax Department form | Filed under W. Va. Code § 11-11-7. |
Local nuance
Lincoln County-specific considerations
| Local point | What it means |
|---|---|
| Use the clerk's current phone number | Call (304) 824-7990, extension 233, for probate appointments. The Lincoln County Clerk's website publishes that number for the office. |
| Call before you go | The county site lists probate appointment contacts by extension but does not state a blanket walk-in rule. Calling first is the safest way to avoid a wasted trip to Hamlin. |
| Do not treat the private small-estate link as a county form | The Lincoln County probate page links to a private form provider for a West Virginia small-estate affidavit. The legal contents come from W. Va. Code § 44-1A-2, and the clerk decides what the office accepts. |
| No published fiduciary supervisor on the county site | The Lincoln County Clerk's pages describe the county clerk handling estate qualification and do not publish a fiduciary supervisor under W. Va. Code § 44-3A. Ask the clerk if your estate is referred or if you receive a notice involving a fiduciary commissioner under W. Va. Code § 44-3. |
Recent updates
| Update | What changed locally |
|---|---|
| Clerk phone to use | The Lincoln County Clerk's website publishes (304) 824-7990, extension 233, for probate appointments. |
| Forms note | The Lincoln County Clerk's site links to a private small-estate form provider, but the small-estate affidavit requirements come from W. Va. Code § 44-1A-2. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Lincoln County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Call the Lincoln County Clerk at (304) 824-7990, extension 233, before going to Hamlin. Bring the will if there is one, photo identification, and the beneficiary contact list. If the home was co-owned outside the probate estate, the clerk still needs the estate asset picture for the appraisement under W. Va. Code § 44-1-14. | Sunset helps identify accounts, insurance, vehicles, debts, and title clues so the spouse can start estate settlement with a clear list. |
| Out-of-state adult child with a small estate | First confirm whether any probate real estate exists. A small-estate affidavit under W. Va. Code § 44-1A-2 is limited to probate personal property and is not available for probate real estate after the July 9, 2025 change to W. Va. Code § 44-1A. Use the clerk's mailing address, P.O. Box 497, Hamlin, WV 25523, for follow-up only after calling the office. | Sunset helps check whether accounts exist before the child chooses between a small-estate affidavit under W. Va. Code § 44-1A-2 and a full appointment. |
| Parent settling a predeceased child's estate when a home must be sold | Call the clerk and ask what appointment papers, photo identification, heir contact information, and estate bond paperwork under W. Va. Code § 44-1-8 are needed. If probate real estate must be sold, plan on full administration rather than a small-estate affidavit under W. Va. Code § 44-1A-2. | Sunset organizes the estate settlement inventory, prepares a probate packet, and can connect the parent with local legal help for the sale and any title issues. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Lincoln County Clerk's office | Estate appointments, will recording under W. Va. Code § 41-5-10, qualification, certificates, and county clerk records. | 8000 Court Avenue, Hamlin, WV 25523. Mailing address: P.O. Box 497, Hamlin, WV 25523. Phone: (304) 824-7990, extension 233. Fax: (304) 824-2444. |
| Legal Aid West Virginia | Help for eligible West Virginians with civil legal problems. | Apply for help or call 866-255-4370. |
| West Virginia State Bar Lawyer Referral Service | Referral to a West Virginia lawyer for a consultation. | wvlawyerreferral.org. |
| Tuesday Legal Connect | Statewide legal hotline resource. | Resource page or call 1-800-642-3617. |
| West Virginia Free Legal Answers | Online civil legal question and answer service for eligible users. | wv.freelegalanswers.org. |
| West Virginia Senior Legal Aid | Legal help resource for older West Virginians. | seniorlegalaid.org or call (800) 229-5068. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches for financial accounts, insurance, retirement assets, and other property so you can approach the Lincoln County Clerk with a clearer estate settlement inventory.
Generate the probate packet. Sunset turns what you know into an organized packet for the clerk appointment, including the people to notify, the assets to list, and the questions to ask about the certificate of qualification and letters.
Find a local probate attorney. If the estate involves probate real estate, a disputed claim, a will contest under W. Va. Code § 41-5-11, or a sale that needs legal review, Sunset can help you find a vetted attorney.
Sunset is free for families. Sunset helps families move from uncertainty to an estate settlement plan without charging the family to use the service.
Frequently asked questions
Where do I file probate papers in Lincoln County?
File with the Lincoln County Clerk's office at 8000 Court Avenue in Hamlin. The Lincoln County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and the clerk handles the day-to-day estate filing.
What number should I call for a Lincoln County probate appointment?
Call (304) 824-7990, extension 233. Lincoln County's probate page points families to call for probate appointments, and the office does not publish a separate probate email address.
Can I e-file Lincoln County probate papers?
No. West Virginia has no probate e-filing with the county clerk. The Judiciary's e-filing systems cover appellate, circuit, and family matters, not routine estate filings. File estate papers on paper with the Lincoln County Clerk.
Can I look up a Lincoln County estate file online?
There is no statewide online search for West Virginia estate files. Estate records are county clerk records held by the Lincoln County Clerk. WVPASS searches circuit court records and does not contain the estate file, although it could show a will contest under W. Va. Code § 41-5-11 filed in Lincoln Circuit Court.
Does Lincoln County publish local probate forms?
The Lincoln County Clerk's office does not publish downloadable Lincoln-specific probate forms on its website. For statewide papers, ET 6.01 is the appraisement under W. Va. Code § 44-1-14, ET 6.02 is the nonprobate inventory under W. Va. Code § 11-11-7, and the small-estate affidavit contents are in W. Va. Code § 44-1A-2(e).
What should I bring if there is a will?
Lincoln County lists the original will, complete contact information for all beneficiaries, valid photo identification for the appointed executor, and an estate bond under W. Va. Code § 44-1-8 if the will does not say the executor may serve without one.
What should I bring if there is no will?
Lincoln County lists an estate bond from an insurance agency under W. Va. Code § 44-1-8, names, addresses, and phone numbers of all heirs, and valid photo identification for the proposed administrator. W. Va. Code § 44-1-4 governs appointment when a person dies without a will.
Do I need a hearing for a Lincoln County estate?
Most Lincoln County estates are handled at the clerk's counter. 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 that commissioner or before the Lincoln County Commission under W. Va. Code § 7-1-3. Ask the Lincoln County Clerk's office about any phone or video option if that happens.
Can a Lincoln County small estate include real estate?
No. A small-estate affidavit under W. Va. Code § 44-1A-2 is not available if the decedent owned probate real estate after the July 9, 2025 change to W. Va. Code § 44-1A. The personal-property limit 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.