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Marshall County, WV Probate Information
Quick facts
| Topic | Details |
|---|---|
| Probate authority | Marshall County Commission, through the Marshall County Clerk's office, under W. Va. Code § 7-1-3. |
| Address of record | Marshall County Courthouse, 600 Seventh Street, Room 106, Moundsville, WV 26041. The clerk's website currently posts a temporary relocation notice for 705 Tomlinson Avenue, Moundsville, WV 26041, the former AEP building, with no year stated. Call before driving there. |
| Mailing address | P.O. Box 459, Moundsville, WV 26041. |
| Phone | (304) 845-1220. The clerk publishes this number for fiduciary and probate questions and does not publish a separate probate extension. |
| Fax | (304) 845-5891. |
| [email protected] for fiduciary and probate questions. The county forms page also lists [email protected] for submitting probate forms before an appointment. | |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. Closed Saturday and Sunday. |
| Appointment | Required for all probate matters. The clerk says appointments must be made and the information must be provided before the appointment. |
| Filing cost | There is no single statewide probate filing fee under W. Va. Code § 59-1-10. Marshall publishes $12.00 for the first 5 pages plus $1.00 for each additional page for claims against estates, effective March 3, 2025, and requires a $300.00 deposit at probate appointments to cover a fiduciary commissioner if referred under W. Va. Code § 44-2-1. |
| Forms | Marshall publishes local forms for probate with a will, probate without a will, small estate affidavits under W. Va. Code § 44-1A, and ancillary administration. |
| E-filing | No probate e-filing with the Marshall County Clerk. West Virginia court e-filing is for court systems, not routine county-clerk estate filings. Marshall's CSC eRecording notice is for land-record documents, not opening an estate. |
| Document lookup | The Marshall County Clerk says its document work includes appraisements under W. Va. Code § 44-1-14, settlements, and wills, and links an IDX Document Search. The county's own instructions describe land-book searching, so ask the clerk which estate document types and years the index returns. WVPASS is a circuit court search and does not contain the estate file. |
| Phone or video participation | Most estates are handled by appointment with the county clerk. If a fiduciary commissioner proceeding under W. Va. Code § 44-3 or an objection creates a hearing, ask the county clerk whether phone or video participation is available. |
| Website | https://marshallcountywv.gov/agencies/county-clerk/ |
Before you begin — know the assets and liabilities
Before you schedule a Marshall County probate appointment, make a working list of the assets, debts, accounts, real estate, vehicles, insurance, and beneficiaries. Estate settlement in West Virginia depends heavily on completing 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, accurately after qualification.
Sunset searches across 2,300 institutions to help families find accounts and property before they file. That matters in Marshall County because the clerk requires probate information before the appointment, and missing assets can change the estate settlement path.
Which court handles jurisdiction
File in Marshall County if the decedent lived in Marshall County at death. W. Va. Code § 41-5-4 places the will in the county where the decedent had a mansion house or known place of residence at death, and W. Va. Code § 44-1-4 places an intestate estate in the same county commission process under W. Va. Code § 7-1-3.
The Marshall County Clerk's office serves the county from Moundsville. The address of record is Room 106 in the Marshall County Courthouse, but the clerk's website currently posts a temporary relocation notice for 705 Tomlinson Avenue, so call (304) 845-1220 before going in person.
The jurisdiction process
- Decide which Marshall County path fits the assets. A routine full administration starts with the Marshall County Clerk. A small-estate affidavit under W. Va. Code § 44-1A may be available only for qualifying personal property, and since July 9, 2025 it is not available if the decedent owned probate real estate under W. Va. Code § 44-1A-2.
- Prepare the county forms before the appointment. Marshall's forms page lists probate with a will, probate without a will, small estate affidavits under W. Va. Code § 44-1A, and ancillary administration forms. The page says forms may be submitted by mail, fax, email to [email protected], or in person, and notarized where needed before an appointment is scheduled.
- Call the Marshall County Clerk at (304) 845-1220 to schedule the probate appointment. The clerk states that appointments are required for all probate matters and that the office must have the information before the appointment.
- Confirm the current location before the appointment. The address of record is Marshall County Courthouse, 600 Seventh Street, Room 106, Moundsville, WV 26041, but the clerk's website currently posts a temporary relocation notice for 705 Tomlinson Avenue, Moundsville, WV 26041.
- Qualify with the clerk. The clerk admits the will under W. Va. Code § 41-5-10 if there is a will, appoints the executor or administrator, administers the oath, and handles bond questions under W. Va. Code § 44-1-8.
- Pay the local charges due at the appointment. Marshall requires a $300.00 deposit, published as current on August 31, 2026, to cover costs of a fiduciary commissioner if the estate is referred under W. Va. Code § 44-2-1 and W. Va. Code § 44-3. The clerk says the deposit is separate and must be cash, check, or money order, and is refunded after settlement is approved if there is no referral.
- File the appraisement and nonprobate inventory after qualification. ET 6.01 is the appraisement due under W. Va. Code § 44-1-14, and ET 6.02 is the nonprobate inventory due under W. Va. Code § 11-11-7.
- Let the clerk handle the notice to creditors under W. Va. Code § 44-1-14a. If a creditor claim, objection, or other issue requires referral, the estate may go to a fiduciary commissioner under W. Va. Code § 44-3.
- Ask the county clerk about phone or video participation if a hearing is scheduled. Most Marshall County estates are handled through the clerk appointment rather than a hearing, but a fiduciary commissioner or the Marshall County Commission under W. Va. Code § 7-1-3 may need to address a referred matter.
- Use the certificate of qualification as your authority document. When appointed, you receive a certificate of qualification, meaning the letters testamentary or letters of administration that banks and transfer agents usually request.
- Administer and close the estate. In an article 2 county like Marshall, closing may involve a waiver of final settlement under W. Va. Code § 44-2-29 or another final settlement process under W. Va. Code § 44-2, depending on the estate and any objections.
Forms and documents
Probate forms in Marshall County
Marshall County publishes a local County Clerk Forms page for estate filings. The listed categories include probate with a will, probate without a will, small estate affidavits under W. Va. Code § 44-1A, and ancillary administration forms for nonresident decedents with Marshall County real estate.
| Form category | How Marshall County describes it |
|---|---|
| Probate with a will | Use the Marshall County probate-with-will forms before the clerk appointment. The clerk's forms page says forms can be sent by mail, fax, email to [email protected], or delivered in person. |
| Probate without a will | Use the Marshall County probate-without-will forms for an intestate estate under W. Va. Code § 44-1-4. |
| Small estate affidavits | Marshall lists small estate affidavit forms for testate and intestate matters under W. Va. Code § 44-1A. The statewide statute controls eligibility, including W. Va. Code § 44-1A-2. |
| Ancillary administration | Marshall lists ancillary administration forms for authenticated will, original will, and intestate situations. The forms page lists $12.00 for 5 pages plus $1.00 per additional page, plus a $30.00 publishing fee, published as current on August 31, 2026. |
| Statewide appraisement forms | The personal representative files ET 6.01, the appraisement under W. Va. Code § 44-1-14, and ET 6.02, the nonprobate inventory under W. Va. Code § 11-11-7, after qualification. |
Marshall County Clerk Forms: https://marshallcountywv.gov/county-clerk-forms
Fees
West Virginia has no statewide probate filing fee. The statewide schedule in W. Va. Code § 59-1-10 is a set of recording and oath charges, and Marshall County publishes local estate-related amounts on its clerk page and fee schedule.
| Fee item | Marshall County amount |
|---|---|
| Claims against estates | $12.00 for the first 5 pages, plus $1.00 per page thereafter, effective March 3, 2025. The county notice also says a double-sided page makes the fee 1 1/2 times the total cost. |
| Fee schedule date | The county fee schedule containing the claims notice is headed effective July 1, 2025. |
| Ancillary administration forms | $12.00 for 5 pages plus $1.00 for each additional page, plus a $30.00 publishing fee, published as current on August 31, 2026. |
| Fiduciary commissioner deposit | $300.00, published as current on August 31, 2026. Marshall requires the deposit at all probate appointments to cover a fiduciary commissioner if referred under W. Va. Code § 44-2-1 and W. Va. Code § 44-3. The clerk says it is refunded after settlement is approved if there is no referral. |
| Copies | $1.50 for the first two pages and $1.00 for each additional page, published as current on August 31, 2026. |
The Marshall deposit is separate and must be paid by cash, check, or money order. Ask the clerk for the total due for your appointment before you arrive.
Local nuance
Marshall County-specific considerations
| Local point | What to do |
|---|---|
| Temporary-location notice | The clerk's website currently posts a notice that the Marshall County Clerk's office will be temporarily located at 705 Tomlinson Avenue, Moundsville, WV 26041, the former AEP building. The notice does not state a year. Use the courthouse address as the address of record, but call (304) 845-1220 before driving to the appointment. |
| Appointment required | Marshall says appointments must be made for all probate matters and that the office must have all information before the appointment. Send the required forms first if the clerk asks you to do so. |
| Up-front deposit | Marshall requires a $300.00 deposit, published as current on August 31, 2026, to cover a fiduciary commissioner if the estate is referred under W. Va. Code § 44-2-1 and W. Va. Code § 44-3. The clerk says the deposit is refunded after settlement approval if there is no referral. |
| Article 2 process | Marshall County's estate file is handled by the County Clerk for the Marshall County Commission under W. Va. Code § 7-1-3. If a matter is disputed or referred, it goes to a fiduciary commissioner under W. Va. Code § 44-3. |
Recent updates
| Update | What changed locally |
|---|---|
| Temporary-location notice | The Marshall County Clerk's website currently posts a temporary relocation notice for 705 Tomlinson Avenue in Moundsville, with no year stated. Call the clerk before going in person. |
| Fee schedule | Marshall's fee schedule is headed effective July 1, 2025, and the estate-claim fee notice states $12.00 for the first 5 pages plus $1.00 for each additional page, effective March 3, 2025. |
| Probate appointments | The clerk's site states that appointments must be made for all probate matters and that a $300.00 deposit, published as current on August 31, 2026, is required at appointments for possible fiduciary commissioner costs under W. Va. Code § 44-2-1 and W. Va. Code § 44-3. |
Scenarios
| Situation | Likely Marshall County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Before the clerk appointment, identify which assets were in the decedent's name alone and whether any probate real estate remains. If full administration is needed, call the Marshall County Clerk, submit the county forms, and schedule the required appointment. Bond questions are handled under W. Va. Code § 44-1-8. | Sunset helps build the asset list, organize account information, and prepare the estate settlement packet before the required appointment. |
| Out-of-state adult child w/ small estate | Use Marshall's small estate affidavit forms only if the estate qualifies under W. Va. Code § 44-1A. As of July 9, 2025, W. Va. Code § 44-1A-2 excludes any estate with probate real estate, and the personal-property limit is $50,000 under W. Va. Code § 44-1A-1. Send forms by the methods listed on the Marshall forms page and ask the clerk whether anything can be handled before travel. | Sunset helps find accounts, estimate whether the W. Va. Code § 44-1A path may fit, and connect you with local help if a full appointment is needed. |
| Parent settling predeceased child's estate, home must be sold | If the home is probate real estate, the W. Va. Code § 44-1A small-estate route is not available after July 9, 2025. Expect a full Marshall County administration through the clerk and a possible fiduciary commissioner referral under W. Va. Code § 44-3 if issues arise. | Sunset helps gather mortgage, deed, account, and debt information so the estate settlement can move from qualification to sale and closing without repeated searches. |
Self-help resources
| Resource | How it helps |
|---|---|
| Marshall County Clerk | Call (304) 845-1220 for probate appointments, current location, and local filing instructions. Website: https://marshallcountywv.gov/agencies/county-clerk/ |
| Marshall County Clerk Forms | Local forms for probate with a will, probate without a will, small estate affidavits under W. Va. Code § 44-1A, and ancillary administration. Website: https://marshallcountywv.gov/county-clerk-forms |
| Marshall County Clerk IDX Document Search | The clerk links an online IDX Document Search from its site. Ask the county clerk what estate document types and years the search returns before relying on it for appraisements under W. Va. Code § 44-1-14, settlements, or wills. |
| West Virginia Judiciary court access page | Use it only for circuit court matters. WVPASS is a circuit court search and does not contain the Marshall County estate file held by the county clerk. |
When to hire an attorney
A lawyer makes sense if someone may contest the will under W. Va. Code § 41-5-11, if a creditor dispute under W. Va. Code § 44-1-14a is likely, if the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3, if probate real estate must be sold, or if an out-of-state family member cannot manage the appointment and follow-up from Moundsville. Sunset connects you to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investment accounts, insurance, retirement accounts, vehicles, and other property before the Marshall County appointment, so the estate settlement starts with a better asset list.
Generate the probate packet. Sunset organizes the information needed for the Marshall County forms, the appraisement under W. Va. Code § 44-1-14, and the nonprobate inventory under W. Va. Code § 11-11-7.
Find a local probate attorney. If the estate involves a will contest under W. Va. Code § 41-5-11, a fiduciary commissioner under W. Va. Code § 44-3, disputed creditors under W. Va. Code § 44-1-14a, or real estate that must be sold, Sunset can help you find local counsel.
Sunset is free for families. Families can use Sunset to make estate settlement less fragmented, keep documents organized, and understand what to ask the Marshall County Clerk before an appointment.
Frequently asked questions
Where do I file probate in Marshall County, West Virginia?
File with the Marshall County Clerk's office in Moundsville if the decedent lived in Marshall County at death. W. Va. Code § 41-5-4 uses the decedent's residence at death for a will, W. Va. Code § 44-1-4 uses the same place for an intestate estate, and the Marshall County Commission handles probate jurisdiction through the clerk under W. Va. Code § 7-1-3.
Do I need an appointment for Marshall County probate?
Yes. The Marshall County Clerk's website says appointments must be made for all probate matters and that the office must have the information before the appointment. Call (304) 845-1220 and confirm whether to send forms to [email protected] first.
Which Marshall County address should I use?
The address of record is Marshall County Courthouse, 600 Seventh Street, Room 106, Moundsville, WV 26041. The clerk's website currently posts a temporary relocation notice for 705 Tomlinson Avenue, Moundsville, WV 26041, the former AEP building, without stating a year. Call before driving there.
Can I e-file a Marshall County estate?
No probate e-filing is available with the Marshall County Clerk. West Virginia Judiciary e-filing covers the Supreme Court, Intermediate Court, circuit courts, and family courts, not routine county-clerk estate filings. Marshall's CSC eRecording notice is for land documents, not probate papers.
Can I use a small estate affidavit in Marshall County?
Only if the estate qualifies under W. Va. Code § 44-1A. As of July 9, 2025, W. Va. Code § 44-1A-2 excludes any estate with probate real estate, and W. Va. Code § 44-1A-1 sets the personal-property limit at $50,000. Marshall publishes small estate affidavit forms on its County Clerk Forms page.
How do I look up a Marshall County estate document?
Estate documents are held by the Marshall County Clerk. The clerk says its document work includes appraisements under W. Va. Code § 44-1-14, settlements, and wills, and links an IDX Document Search, but the county's instructions describe land-book searches. Ask the county clerk which estate document types and years the index returns. WVPASS is a circuit court search and does not contain the estate file.
What does Marshall County charge to open or work on an estate?
There is no single statewide probate filing fee under W. Va. Code § 59-1-10. Marshall publishes $12.00 for the first 5 pages plus $1.00 for each additional page for claims against estates, effective March 3, 2025. Marshall also requires a $300.00 deposit, published as current on August 31, 2026, to cover a fiduciary commissioner if referred under W. Va. Code § 44-2-1 and W. Va. Code § 44-3.
Will there be a hearing in Marshall County?
Most estates are handled through the clerk appointment. If a creditor issue under W. Va. Code § 44-1-14a, an objection, or a referral to a fiduciary commissioner under W. Va. Code § 44-3 arises, a hearing may be scheduled. Ask the county clerk whether phone or video participation is available.
Do I have to travel to Moundsville if I live out of state?
The Marshall forms page says forms can be submitted by mail, fax, email, or in person, and that notarization may be required before an appointment is scheduled. Because appointments are required for all probate matters, call the county clerk at (304) 845-1220 to ask what must be handled in person.
What document do banks need after the Marshall County Clerk appoints me?
After appointment, the clerk issues a certificate of qualification, meaning the letters testamentary if there is a will or letters of administration if there is no will. Banks and transfer agents usually ask for that certificate or certified copies.
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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.