Back to West Virginia
Mercer County, WV Probate Information
Quick facts
| Item | Mercer County information |
|---|---|
| Probate authority | Mercer County Commission, with routine filings handled by the Mercer County Clerk under W. Va. Code § 7-1-3. |
| Office | Mercer County Clerk's office, Mercer County Courthouse, 1501 Main Street, Suite 121, Princeton, WV 24740. |
| Mailing | No separate mailing address is listed for estate filings. Use the Clerk's office contact before mailing original estate papers. |
| Estate phone | Fiduciary (Estates): (304) 487-8321 or (304) 487-8447. |
| General phone | (304) 487-8311. |
| Fax | (304) 425-4851 general office fax. No estate-specific fax is listed. |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. Call the Fiduciary (Estates) line before visiting. |
| Opening cost | No single statewide probate filing fee applies under W. Va. Code § 59-1-10. Mercer lists copy and Justification of Surety charges, and the total depends on the papers recorded, copies needed, publication under W. Va. Code § 44-1-14a, and any bond under W. Va. Code § 44-1-8. |
| Local form availability | The Mercer County Clerk's website does not list additional downloadable probate forms. |
| Electronic filing | Estate papers are filed on paper with the county clerk. West Virginia Judiciary electronic filing is for courts, not routine estate filings handled by the county clerk. |
| Estate file lookup | The Mercer County Clerk's website does not list an online estate or fiduciary file search. WVPASS is a circuit court search and does not contain the county clerk estate file. |
| Remote participation | Mercer does not list a probate-specific phone or video policy. Ask the county clerk if an objection or referred matter creates a hearing. |
| Website | Mercer County Clerk services |
Before you begin — know the assets and liabilities
Before you call the Mercer County Clerk's Fiduciary (Estates) line, make a practical list of the decedent's solely owned accounts, vehicles, personal property, debts, real estate, and beneficiary designations. Estate settlement in West Virginia depends heavily on what is probate property and what passes outside the estate.
The appraisement, ET 6.01, is due within 90 days of qualification under W. Va. Code § 44-1-14, and the nonprobate inventory, ET 6.02, is tied to W. Va. Code § 11-11-7. Sunset's 2,300-institution asset discovery helps families find accounts before they prepare the Mercer County estate settlement packet.
Which court handles jurisdiction
If the decedent lived in Mercer County, file with the Mercer County Clerk at the courthouse in Princeton. W. Va. Code § 41-5-4 places the will before the county commission of the county where the person 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.
The Mercer County Commission holds probate jurisdiction under W. Va. Code § 7-1-3. The Clerk's office handles the counter filing, admits the will under W. Va. Code § 41-5-10, and appoints the executor or administrator for ordinary administration.
The jurisdiction process
- Decide whether a full administration or a small-estate affidavit is the right route. A small-estate affidavit under W. Va. Code § 44-1A-2 is filed with the county clerk, and since July 9, 2025, W. Va. Code § 44-1A does not allow that route if the decedent owned probate real estate.
- Call Mercer County Fiduciary (Estates) at (304) 487-8321 or (304) 487-8447 before visiting Suite 121. Ask what original papers, copies, and payment methods the Clerk wants for your filing.
- File the will, if there is one, or ask about appointment as administrator if the person died intestate under W. Va. Code § 44-1-4. The Mercer County Clerk acts for the Mercer County Commission under W. Va. Code § 7-1-3 and W. Va. Code § 41-5-10.
- At qualification, the personal representative takes the oath and addresses bond unless W. Va. Code § 44-1-8 excuses bond or surety. Mercer lists a Justification of Surety charge of $5.00 each as of August 31, 2026, which matters if a property surety is used.
- Ask for enough certified copies of the certificate of qualification, sometimes called letters testamentary or letters of administration, for banks, transfer agents, and other institutions. Mercer lists uncertified copies at $1.50 for the first two pages and $1.00 for each additional page, certified copies at $6.00 and up, and authenticated copies at $9.00 and up as of August 31, 2026.
- Prepare and file the appraisement, ET 6.01, within 90 days of qualification under W. Va. Code § 44-1-14, and handle the nonprobate inventory, ET 6.02, under W. Va. Code § 11-11-7.
- The county clerk handles notice to creditors and publication under W. Va. Code § 44-1-14a. Track the claims period, pay valid expenses and claims in the proper order, and keep receipts.
- If an objection, disputed claim, or other contested issue arises, the estate may be sent to a fiduciary commissioner under W. Va. Code § 44-3. Mercer does not list a remote participation policy, so ask the county clerk how any hearing will be handled.
- Close the estate through the form the Clerk requires. In clerk-run estates, that may involve a waiver of final settlement under W. Va. Code § 44-2-29 or a report under W. Va. Code § 44-2; follow the Mercer County Clerk's instructions for the closing filing.
Forms and documents
Probate forms in Mercer 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(e).
The Mercer County Clerk's office does not list additional downloadable probate forms on its website. Call the Fiduciary (Estates) line at (304) 487-8321 or (304) 487-8447 before preparing the packet.
Fees
West Virginia has no single statewide probate filing fee. Estate costs in Mercer County depend on the papers recorded under W. Va. Code § 59-1-10, notice to creditors and publication under W. Va. Code § 44-1-14a, the closing filing, certified copies, and any bond under W. Va. Code § 44-1-8.
| Item | Mercer amount | Notes |
|---|---|---|
| Copies, uncertified | $1.50 for the first two pages, then $1.00 for each additional page, as listed by Mercer County on August 31, 2026. | Matches the copy-fee structure in W. Va. Code § 59-1-10(d)(1). |
| Certified copies | $6.00 and up, as listed by Mercer County on August 31, 2026. | Ask how many certified copies of the certificate of qualification, or letters, each institution will need. |
| Authenticated copies | $9.00 and up, as listed by Mercer County on August 31, 2026. | Used only when an authenticated copy is required. |
| Justification of Surety | $5.00 each, as listed by Mercer County on August 31, 2026. | Relevant when bond or surety is required under W. Va. Code § 44-1-8 and a property surety must justify ownership. |
Mercer does not list a local charge for opening a full estate or for a small-estate affidavit under W. Va. Code § 44-1A. Call the Fiduciary (Estates) line for the current total before filing.
Recent updates
Scenarios
| Situation | Likely Mercer County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking the deed and beneficiary designations. If a Mercer County estate is still needed, call the Fiduciary (Estates) line before going to the Princeton courthouse. | Sunset helps identify accounts and documents so the spouse can decide what actually belongs in the estate settlement. |
| Out-of-state adult child with a small estate | Ask the Clerk whether the small-estate affidavit under W. Va. Code § 44-1A-2 fits. Since July 9, 2025, W. Va. Code § 44-1A excludes estates with probate real estate. If bond or surety under W. Va. Code § 44-1-8 becomes an issue, Mercer lists a $5.00 Justification of Surety charge as of August 31, 2026. | Sunset organizes asset information and can help generate a probate packet so an out-of-state child knows what to ask the Clerk before traveling. |
| Parent settling a predeceased child's estate when a home must be sold | A full Mercer County administration is usually the path when probate real estate must be handled. File through the Mercer County Clerk, then complete the appraisement under W. Va. Code § 44-1-14 and follow the Clerk's closing instructions. | Sunset helps find accounts, prepare the estate settlement packet, and connect the parent with a West Virginia probate attorney when a sale or family dispute makes counsel useful. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Mercer County Clerk, Fiduciary (Estates) | Main local contact for estate filings, qualification, copies, and questions about what to bring to Suite 121. | (304) 487-8321 or (304) 487-8447; Mercer County Clerk services. |
| Mercer County Commission office listing | Shows the county offices housed on the county government's site, including the County Clerk. The Mercer County Commission has probate jurisdiction under W. Va. Code § 7-1-3. | Mercer County office page. |
| West Virginia Judiciary court file access page | Explains WVPASS for circuit court matters. It is not the county clerk estate file, but it may matter if a will contest under W. Va. Code § 41-5-11 or an appeal under W. Va. Code § 58-3-1 reaches circuit court. | West Virginia court file access. |
| West Virginia Judiciary electronic filing page | Shows that Judiciary electronic filing serves courts. Routine estate papers are filed with the county clerk, not through that court system. | West Virginia Judiciary electronic filing. |
When to hire an attorney
A lawyer is especially useful if family members disagree, if a will contest under W. Va. Code § 41-5-11 is possible, if an appeal under W. Va. Code § 58-3-1 is being considered, if real estate must be sold, or if bond or surety under W. Va. Code § 44-1-8 is difficult. Sunset connects families with a vetted probate attorney when legal help is the right next step.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank, brokerage, retirement, insurance, and other assets so the Mercer County estate settlement starts with a more complete picture.
Generate the probate packet. Sunset turns the information you provide into an organized packet for the Mercer County Clerk, including the details needed for the appraisement under W. Va. Code § 44-1-14 and related estate documents.
Find a local probate attorney. When the estate involves a dispute, real estate, bond questions, or a possible will contest under W. Va. Code § 41-5-11, Sunset can connect you with a vetted West Virginia probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, prepare for the Clerk's office, and understand what to ask before making the trip to Princeton.
Frequently asked questions
Where do I file probate papers in Mercer County?
File with the Mercer County Clerk at the Mercer County Courthouse, 1501 Main Street, Suite 121, Princeton, WV 24740. The Mercer County Commission has probate jurisdiction under W. Va. Code § 7-1-3, and W. Va. Code § 41-5-4 points the filing to the county where the person lived at death.
Who should I call about a Mercer County estate?
Call the Fiduciary (Estates) line at (304) 487-8321 or (304) 487-8447. The general Clerk number is (304) 487-8311.
Can I file a Mercer County estate online?
Routine estate papers are filed on paper with the county clerk. West Virginia Judiciary electronic filing is for courts, not for the county clerk estate process.
Can I look up a Mercer County estate in WVPASS?
No. WVPASS is a circuit court search, and a Mercer County estate file is held by the county clerk. A circuit court will contest under W. Va. Code § 41-5-11 or appeal under W. Va. Code § 58-3-1 is different from the estate file itself.
Does Mercer County provide probate forms online?
The Mercer County Clerk's website does not list additional downloadable probate forms. Statewide papers include the appraisement, ET 6.01, under W. Va. Code § 44-1-14, the nonprobate inventory, ET 6.02, under W. Va. Code § 11-11-7, and the small-estate affidavit content in W. Va. Code § 44-1A-2(e).
What does it cost to open an estate in Mercer County?
Mercer does not list a single estate-opening total. Costs depend on recording under W. Va. Code § 59-1-10, notice to creditors and publication under W. Va. Code § 44-1-14a, copies, and any bond under W. Va. Code § 44-1-8. Mercer lists uncertified copies at $1.50 for the first two pages and $1.00 for each additional page, certified copies at $6.00 and up, authenticated copies at $9.00 and up, and Justification of Surety at $5.00 each, as listed by Mercer County on August 31, 2026.
Will I have to attend a hearing in Mercer County?
Most Mercer County estates are handled through the Clerk's counter process. If an objection or referred matter creates a hearing, ask the county clerk how participation is handled and whether any phone or video option is available.
Do I have to travel to Princeton if I live out of state?
You may need to appear or provide original papers, but Mercer does not list a blanket travel rule. Call the Fiduciary (Estates) line first. If bond or surety under W. Va. Code § 44-1-8 is involved, ask whether a Justification of Surety is needed and how to obtain it.
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.