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Marion County, WV Probate Information
Quick facts
| Item | Marion County information |
|---|---|
| Probate authority | Marion County Commission, through the Marion County Fiduciary Office, under W. Va. Code § 7-1-3 and W. Va. Code § 44-3A-1. |
| Office | Marion County Fiduciary Office, Room 111, 1st Floor, Marion County Courthouse. |
| Courthouse address | 219 Adams Street, Fairmont, WV 26554. |
| Mailing address | P.O. Box 1267, Fairmont, WV 26554-1267. |
| Probate and estate phone | (304) 367-5457. |
| Fax | (304) 367-5448. |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. |
| Appointment rule | Probate and estate administration are by appointment only. Call before going to the courthouse. |
| Fee snapshot | West Virginia has no statewide probate filing fee under W. Va. Code § 59-1-10. Marion County publishes $230 to $240 for a with-will appointment, depending on will length and asset value, with no effective date posted. Because Marion uses W. Va. Code § 44-3A, the fiduciary supervisor qualification fee is capped by W. Va. Code § 44-3A-42(a) at $25, $100, or $175, effective July 1, 2023, depending on gross assets. |
| Local forms | The Marion County Fiduciary Office publishes appointment checklists, but no downloadable local probate PDF forms were found on its website. ET 6.01 is tied to W. Va. Code § 44-1-14, ET 6.02 is tied to W. Va. Code § 11-11-7, and the small estate affidavit is set by W. Va. Code § 44-1A-2. |
| Filing online | West Virginia has no probate e-filing through the Judiciary. Estate papers are filed on paper with the Marion County Clerk's fiduciary office and the county clerk receives the paper filing. |
| Lookup | The county website links a Marion County Clerk document index whose document types include wills, appraisements, fiduciary settlements, and small estate affidavits under W. Va. Code § 44-1A. It is not a court docket. WVPASS is a circuit court search and does not contain routine estate files. |
| Phone or video participation | Marion County does not publish a probate phone or video participation rule. If a fiduciary supervisor hearing under W. Va. Code § 44-3A-42(b) is needed, ask the Marion County Clerk's fiduciary office when you file. |
| Website | https://www.marioncountywv.com/departments/fiduciary.php |
Before you begin — know the assets and liabilities
Before you call the Marion County Fiduciary Office, make a working list of the decedent's solely owned accounts, vehicles, tangible property, debts, beneficiary designations, and any Marion County real estate. Estate settlement in West Virginia turns on what is probate property, what is nonprobate property, and whether the person seeking appointment needs a bond under W. Va. Code § 44-1-8.
Sunset's asset discovery searches more than 2,300 institutions so families can build the account list before the Marion appointment. That makes the estate settlement meeting easier, especially because the appraisement required by W. Va. Code § 44-1-14 and the nonprobate inventory required by W. Va. Code § 11-11-7 are due after qualification.
Which court handles jurisdiction
The Marion County Fiduciary Office in Fairmont serves estate filings for people whose probate venue is Marion County. An estate is opened where the person lived: W. Va. Code § 41-5-4 places the will with the county commission for the county of the decedent's residence at death, and W. Va. Code § 44-1-4 places an intestate estate in the same county.
If the decedent lived in Marion County, file with the Marion County Clerk's fiduciary office at the courthouse in Fairmont. If the decedent lived elsewhere but owned West Virginia property, ask the office whether an ancillary filing is needed in Marion County.
The jurisdiction process
- Call the Marion County Fiduciary Office at (304) 367-5457 before going in. Probate and estate administration are by appointment only.
- If there is a will, bring valid identification, the original will, a list of names and addresses for beneficiaries and heirs, and the death certificate. A will should be delivered to the clerk within 30 days after death under W. Va. Code § 41-5-1, and the Marion office states that the original will is kept when recorded.
- If there is no will, wait until the statutory preference period has run. W. Va. Code § 44-1-4 allows administration after 30 days from the death if no distributee has applied. Bring valid identification, a list of heirs at law, and a certified or original death certificate.
- Plan for bond before the appointment. If a will does not expressly waive the executor's bond, Marion says a surety bond is required before probate can begin. For an estate without a will, the bond amount is based on solely owned personal property and does not include real estate. W. Va. Code § 44-1-8 controls when bond or surety is excused or can still be required.
- Bring cash or check for the Marion charges. Marion publishes $230 to $240 for a with-will appointment, depending on will length and asset value, with no effective date posted, and West Virginia's recording charges come from W. Va. Code § 59-1-10. Marion also uses the article 3A fiduciary supervisor fee structure in W. Va. Code § 44-3A-42(a), capped at $25, $100, or $175, effective July 1, 2023, depending on gross assets.
- The fiduciary office qualifies the personal representative, takes the oath, handles any required bond, and issues 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.
- After qualification, complete the appraisement required by W. Va. Code § 44-1-14 and the nonprobate inventory required by W. Va. Code § 11-11-7 within the statutory deadline. The Marion office supplies the needed estate paperwork at the appointment.
- The fiduciary supervisor handles the article 3A notice and claim process under W. Va. Code § 44-3A-4. If an objection or disputed claim is filed, the matter may be set for a fiduciary supervisor hearing under W. Va. Code § 44-3A-42(b), or referred as allowed by W. Va. Code § 44-3A.
- Administer the estate, pay valid expenses and claims, transfer property, and close through the article 3A settlement route. Marion uses the fiduciary supervisor system, so the closing path is a short form settlement under W. Va. Code § 44-3A-4a or a long form settlement under W. Va. Code § 44-3A-19, not the article 2 waiver route.
Forms and documents
Probate forms in Marion 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, and the nonprobate inventory, ET 6.02, is tied to W. Va. Code § 11-11-7. The small estate affidavit's contents are set by W. Va. Code § 44-1A-2.
The Marion County Fiduciary Office website does not publish downloadable probate-specific PDF forms. Instead, it publishes appointment checklists for estates with a will and estates without a will, including what to bring, the appointment-only rule, cash or check payment, and local bond instructions under W. Va. Code § 44-1-8.
| Form or paperwork | Where it comes from | Marion County note |
|---|---|---|
| Original will | Family or person holding the will | Bring the original to the appointment. The office states that it is kept and recorded. |
| Death certificate | Family or issuing vital records office | Bring a copy if death occurred in West Virginia, or a certified or original death certificate if death occurred out of state. |
| Beneficiary or heir list | Prepared by the person seeking appointment | Bring names and addresses of beneficiaries and heirs for a with-will estate, or heirs at law for an estate without a will. |
| ET 6.01 appraisement | State Tax Department form, used under W. Va. Code § 44-1-14 | The fiduciary office supplies the packet at the appointment. |
| ET 6.02 nonprobate inventory | State Tax Department form, used under W. Va. Code § 11-11-7 | The fiduciary office supplies the packet at the appointment. |
| Small estate affidavit | Statutory contents in W. Va. Code § 44-1A-2 | Ask the fiduciary office for its current local handling. Since July 9, 2025, W. Va. Code § 44-1A-2 does not allow the small estate route if the decedent owned probate real estate. |
Fees
West Virginia has no statewide probate filing fee under W. Va. Code § 59-1-10. In Marion County, the local amount depends on the papers being recorded and the article 3A fiduciary supervisor fee structure.
| Charge | Amount | Authority or Marion County note |
|---|---|---|
| With-will appointment amount published by Marion County | $230 to $240, with no effective date posted | Marion says the amount depends on the length of the will and the value of assets. Confirm the current amount when scheduling. |
| Article 3A qualification fee cap | $25, $100, or $175, effective July 1, 2023 | Marion uses the fiduciary supervisor system under W. Va. Code § 44-3A. W. Va. Code § 44-3A-42(a) caps the graduated fee by gross assets. |
| Payment method | Cash or check | Marion lists cash or check for both with-will and no-will appointments. No credit-card option is published. |
The published $230 to $240 Marion range does not state exactly which charges it includes, so do not try to calculate it from the statute. Ask the Marion County Fiduciary Office for the current amount before the appointment.
Local nuance
Marion County-specific considerations
| Local point | What it means in Marion County |
|---|---|
| Article 3A fiduciary supervisor system | Marion County runs the fiduciary supervisor system under W. Va. Code § 44-3A. The Marion County Fiduciary Office handles qualification, bond questions, estate administration, and article 3A settlements. |
| Appointment-only filing | Probate and estate administration are by appointment only. Call (304) 367-5457 before taking papers to the courthouse. |
| Property bond rule | For a property bond under W. Va. Code § 44-1-8, Marion says the person posting real estate must own unencumbered real estate in Marion County, and joint owners must both be present. Marion also says you cannot bond yourself with your own property. |
| Separate bond question path | Marion's fiduciary page directs people to call the County Clerk's office for assistance if a will does not waive the executor's bond under W. Va. Code § 44-1-8. |
| County document index | The county website links a Marion County Clerk document index whose document types include wills, appraisements under W. Va. Code § 44-1-14, fiduciary settlements, and small estate affidavits under W. Va. Code § 44-1A. It is not a court docket. |
Recent updates
Scenarios
| Scenario | Likely Marion County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by reviewing the deed, account titles, and beneficiary designations. If a Marion County estate is still needed, call the Marion County Fiduciary Office because appointments are required. Bond questions are handled under W. Va. Code § 44-1-8. | Sunset helps identify accounts, separate probate and nonprobate assets, and prepare the estate settlement checklist before the Marion appointment. |
| Out-of-state adult child with small estate | For a small estate under W. Va. Code § 44-1A, confirm that the assets fit the statute before relying on the affidavit route. Since July 9, 2025, W. Va. Code § 44-1A-2 does not allow that route if the decedent owned probate real estate. Marion has no published nonresident double-bond rule, but it does publish a Marion County property-bond rule under W. Va. Code § 44-1-8. | Sunset helps find accounts, flag real estate issues, and organize questions for the fiduciary office so an out-of-state family does not make an unnecessary trip. |
| Parent settling predeceased child's estate, home must be sold | If the home must be sold through the estate, expect full administration through Marion's article 3A fiduciary supervisor system under W. Va. Code § 44-3A. The estate closes through a short form settlement under W. Va. Code § 44-3A-4a or a long form settlement under W. Va. Code § 44-3A-19. | Sunset helps build the asset list, generate the probate packet, and connect the parent with a local probate attorney when a sale or family dispute makes counsel useful. |
Self-help resources
| Resource | How to use it | Contact or location |
|---|---|---|
| Marion County Fiduciary Office | Use this office for appointments, qualification, local bond instructions under W. Va. Code § 44-1-8, and article 3A estate administration under W. Va. Code § 44-3A. | Room 111, 1st Floor, Marion County Courthouse, 219 Adams Street, Fairmont. Phone: (304) 367-5457. Website: https://www.marioncountywv.com/departments/fiduciary.php |
| Marion County Clerk document index | Use the County Clerk website link to reach the document index. Its document types include wills, appraisements under W. Va. Code § 44-1-14, fiduciary settlements, and small estate affidavits under W. Va. Code § 44-1A, but ask the office what years and documents it covers. | Start from the county website rather than a raw search address: https://www.marioncountywv.com/departments/county_clerk/ |
| West Virginia Judiciary court access pages | Use these only for court matters. WVPASS is a circuit court search, so it may matter for a will contest under W. Va. Code § 41-5-11 or an appeal under W. Va. Code § 58-3-1, but not for the estate file itself. | https://www.courtswv.gov/court-record-access |
| West Virginia Judiciary e-filing information | This explains court e-filing systems. It does not replace filing paper estate documents with the Marion County Clerk's fiduciary office and the county clerk receives those papers. | https://www.courtswv.gov/legal-community/e-filing |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank, brokerage, retirement, insurance, and other accounts so the Marion County appraisement under W. Va. Code § 44-1-14 and nonprobate inventory under W. Va. Code § 11-11-7 start from a complete asset picture.
Generate the probate packet. Sunset organizes the information needed for the Marion County Fiduciary Office appointment, including heirs, beneficiaries, known debts, asset values, and questions about bond under W. Va. Code § 44-1-8.
Find a local probate attorney. If the estate involves a will contest under W. Va. Code § 41-5-11, an appeal under W. Va. Code § 58-3-1, real estate that must be sold, or a family dispute, Sunset can connect the family with local counsel.
Sunset is free for families. Families can use Sunset to move through estate settlement with clearer account information, a more organized appointment, and fewer missed steps.
Frequently asked questions
Where do I file probate papers in Marion County?
File with the Marion County Fiduciary Office, Room 111 on the first floor of the Marion County Courthouse in Fairmont. The Marion County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and Marion uses the fiduciary supervisor system under W. Va. Code § 44-3A.
Do I need an appointment for a Marion County estate?
Yes. The Marion County Fiduciary Office states that probate and estate administration are by appointment only. Call (304) 367-5457 before going to the courthouse.
Can I e-file a Marion County probate matter?
No. West Virginia's Judiciary e-filing systems do not handle routine estate filings, and Marion County estate papers are filed on paper with the Marion County Clerk's fiduciary office. The county clerk receives the paper filing.
How much does Marion County charge to start an estate with a will?
Marion County publishes $230 to $240 for a with-will appointment, depending on will length and asset value, with no effective date posted. West Virginia has no statewide probate filing fee under W. Va. Code § 59-1-10, and Marion also uses the article 3A qualification-fee cap in W. Va. Code § 44-3A-42(a), up to $175 effective July 1, 2023.
Does Marion County have downloadable probate forms?
The Marion County Fiduciary Office website does not publish downloadable local probate PDF forms. It publishes appointment checklists instead. ET 6.01 appraisement is tied to W. Va. Code § 44-1-14, ET 6.02 nonprobate inventory is tied to W. Va. Code § 11-11-7, and the small estate affidavit is set by W. Va. Code § 44-1A-2.
Can I look up a Marion County estate online?
The county website links a Marion County Clerk document index with document types that include wills, appraisements under W. Va. Code § 44-1-14, fiduciary settlements, and small estate affidavits under W. Va. Code § 44-1A. It is an index of recorded county clerk documents, not a court docket. WVPASS is a circuit court search and does not contain routine estate files.
Will there be a hearing in Marion County?
Most Marion County estates begin with an appointment at the fiduciary office, not a hearing. If an objection, disputed claim, or fiduciary supervisor issue arises under W. Va. Code § 44-3A, the office can tell you what the next step is and whether phone or video participation is available through the Marion County Clerk's fiduciary office.
What if the person died without a will in Marion County?
An intestate estate is handled through the Marion County Fiduciary Office after the waiting rule in W. Va. Code § 44-1-4. Marion says to determine the value of solely owned personal property, excluding real estate, because that amount helps set the bond under W. Va. Code § 44-1-8.
Can a small estate be used if the decedent owned a Marion County home?
No, not if the home is probate real estate. Since July 9, 2025, W. Va. Code § 44-1A-2 bars the small estate route for an estate with probate real property or an interest in probate real property. The personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4).
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.