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Mineral County, WV Probate Information
Quick facts
| Topic | Mineral County detail |
|---|---|
| Probate authority | Mineral County Commission, with day-to-day estate filings handled by the Mineral County Clerk under W. Va. Code § 7-1-3. |
| Filing office | Mineral County Clerk's office, 150 Armstrong Street, Second Floor, Keyser, WV 26726. |
| Mailing | No separate mailing address is published by the Mineral County Clerk's office. |
| Phone | (304) 788-3924. The office publishes this as the general clerk line and does not publish a separate probate phone line. |
| Fax | (304) 788-4109. |
| [email protected]. This is a general clerk mailbox, not a dedicated probate mailbox. | |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. No lunch closure or filing cutoff is published. |
| Opening cost | West Virginia has no single statewide probate filing fee under W. Va. Code § 59-1-10. Expect per-document recording charges, currently $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 the $20 notice charge under § 44-1-14a(g) and the $10 article 2 closing charge under § 44-2-1(c), all current as reviewed August 2026. Call the clerk for the current Mineral County total. |
| County forms | The Mineral County Clerk's office does not publish additional probate forms on its website. Statewide materials include ET 6.01 under W. Va. Code § 44-1-14, ET 6.02 under § 11-11-7 and the small-estate affidavit contents in W. Va. Code § 44-1A-2. |
| E-filing status | West Virginia has no e-filing for probate through the county clerk. Estate papers are filed on paper with the Mineral County Clerk. |
| Lookup | The Mineral County Clerk publishes a county clerk indexing system at https://www.mineralwv.gov/county-clerk-records/ and says it includes wills. WVPASS is a circuit court records system and does not contain routine estate files. |
| Phone or video | Most estates are handled at the counter. If a hearing is needed, ask the Mineral County Clerk's office whether phone or video participation is available. |
| Website | https://www.mineralwv.gov/county-clerk/ |
Before you begin — know the assets and liabilities
Before you go to the Mineral County Clerk's office, make a practical list of what the person owned, what was jointly owned, what had beneficiaries and what debts may need attention. Estate settlement in West Virginia turns on asset information early, because the personal representative must complete the appraisement, ET 6.01, within 90 days of qualification under W. Va. Code § 44-1-14 and the nonprobate inventory, ET 6.02, under § 11-11-7.
Sunset's asset discovery searches more than 2,300 institutions so families can identify accounts, insurance, retirement assets and other property before they choose a filing path. That asset list helps you decide whether Mineral County estate settlement should proceed through appointment of a personal representative or, if the estate qualifies, through the small-estate affidavit process under W. Va. Code § 44-1A-2.
Which court handles jurisdiction
File in Mineral County when the decedent lived in Mineral County at death. W. Va. Code § 41-5-4 puts a 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 Mineral County filing office is the Mineral County Clerk's office at the courthouse in Keyser. The clerk's published estate duties include appointing personal representatives, recording wills, appraisements and settlements, advertising creditor claims under W. Va. Code § 44-1-14a and appointing fiduciary commissioners when required under W. Va. Code § 44-3.
The jurisdiction process
- Confirm that Mineral County is the right county. If the person lived in Mineral County at death, file with the Mineral County Clerk in Keyser under W. Va. Code § 41-5-4 and § 44-1-4.
- Call the Mineral County Clerk's office before visiting. The office does not publish an appointment rule for probate business, so call (304) 788-3924 to confirm what to bring and whether a probate staff member is available.
- Bring the original will, if there is one, and the information needed to identify the heirs, beneficiaries, assets and debts. West Virginia also allows a small-estate affidavit under W. Va. Code § 44-1A-2 when the statutory requirements are met.
- File on paper with the Mineral County Clerk. West Virginia probate e-filing is not available through the county clerk, so the filing is handled at the clerk's office.
- Qualify as executor or administrator if full administration is needed. The clerk admits the will under W. Va. Code § 41-5-10, or appoints an administrator for an intestate estate under W. Va. Code § 44-1-4, and the personal representative takes the oath and gives bond unless W. Va. Code § 44-1-8 excuses it.
- Receive the certificate of qualification. This is the Mineral County document that shows your authority, and banks may call it letters testamentary when there is a will or letters of administration when there is no will.
- Pay the current recording and estate charges. West Virginia has no single statewide probate filing fee under W. Va. Code § 59-1-10, and Mineral County does not publish a local probate fee schedule, so ask the clerk for the current total when you file.
- File the appraisement and nonprobate inventory on time. ET 6.01 is due within 90 days of qualification under W. Va. Code § 44-1-14, and ET 6.02 is filed under W. Va. Code § 11-11-7.
- Handle creditor notice and claims. The clerk publishes notice to creditors under W. Va. Code § 44-1-14a, and claims are handled within the statutory claims period.
- Watch for a fiduciary commissioner referral. Mineral County's own clerk page describes appointing a fiduciary commissioner when required, and article 2 estates can be referred under W. Va. Code § 44-3 and § 44-2-1, including the $200,000 referral threshold in § 44-2-1(b), current as reviewed August 2026.
- Close the estate through the article 2 closing route. Depending on the estate, the personal representative may use a waiver of final settlement under W. Va. Code § 44-2-29 or file the required settlement materials under W. Va. Code § 44-2.
Forms and documents
Probate forms in Mineral County
West Virginia does not publish a single statewide probate form set for every county clerk. 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.
The Mineral County Clerk's office does not publish additional downloadable probate forms on its website. The clerk's office supplies the local filing requirements when you qualify, so call before you go to Keyser if you need current copies or want to confirm what the office will require.
| Form or paper | Where it comes from | Mineral County note |
|---|---|---|
| Original will, if any | The person holding the will | Filed with the Mineral County Clerk. The clerk admits the will under W. Va. Code § 41-5-10. |
| ET 6.01 appraisement | West Virginia State Tax Department form used by county clerks | Due within 90 days of qualification under W. Va. Code § 44-1-14. |
| ET 6.02 nonprobate inventory | West Virginia State Tax Department form used by county clerks | Filed under W. Va. Code § 11-11-7. |
| Small-estate affidavit | Statutory contents in W. Va. Code § 44-1A-2 | Filed with the Mineral County Clerk only if the estate qualifies under W. Va. Code § 44-1A. |
| Closing papers | Mineral County Clerk and article 2 requirements | Article 2 estates close through a waiver of final settlement under W. Va. Code § 44-2-29 or other settlement materials under W. Va. Code § 44-2. |
Local nuance
Mineral County-specific considerations
| Local point | What it means for Mineral County |
|---|---|
| Clerk-run article 2 pattern | The Mineral County Clerk's office publishes estate duties that include appointing personal representatives, recording wills, appraisements and settlements, advertising creditor claims under W. Va. Code § 44-1-14a and appointing a fiduciary commissioner when required under W. Va. Code § 44-3. The office does not publish a fiduciary supervisor under W. Va. Code § 44-3A. |
| County clerk index | The Mineral County Clerk says its online indexing system has been available since March 20, 2018 and includes wills. Treat it as a county clerk document index, not a case docket, and ask the clerk whether it covers appraisements or fiduciary settlements. |
| No posted probate schedule | Mineral County does not publish a local probate fee schedule on the clerk's website. Use W. Va. Code § 59-1-10 as the statewide recording-fee baseline and ask the clerk for the current filing total. |
Recent updates
| Update | Mineral County detail |
|---|---|
| Online clerk indexing | The Mineral County Clerk says its Office Indexing system has been live on the web since March 20, 2018 and includes wills among recorded document types. |
Scenarios
| Scenario | Likely Mineral County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by separating jointly owned property from probate property. If an estate must be opened, file with the Mineral County Clerk in Keyser under W. Va. Code § 41-5-4 and § 44-1-4. If the will or W. Va. Code § 44-1-8 affects bond, ask the clerk what the office requires. | Sunset helps identify accounts, beneficiary assets and debts before the spouse commits to a filing path. |
| Out-of-state adult child with a small estate | Ask whether the estate qualifies for the small-estate affidavit under W. Va. Code § 44-1A-2. The personal-property ceiling is $50,000 under W. Va. Code § 44-1A-1(b)(4), current as reviewed August 2026, and the route is not available if the decedent owned probate real estate after the July 9, 2025 change to W. Va. Code § 44-1A. | Sunset helps build the asset list and generate an organized packet so the child can call the Mineral County Clerk with specific questions. |
| Parent settling a predeceased child's estate, home must be sold | A home that must be sold usually means full administration rather than the small-estate affidavit under W. Va. Code § 44-1A-2. File with the Mineral County Clerk, qualify as personal representative, complete ET 6.01 within 90 days under W. Va. Code § 44-1-14 and handle creditor notice under W. Va. Code § 44-1-14a. | Sunset helps locate financial accounts, organize real estate and debt information and connect the family with a local probate attorney if a sale or title issue needs legal work. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Mineral County Clerk's office | Filing office for Mineral County estates. The clerk's office admits wills under W. Va. Code § 41-5-10, appoints personal representatives, records appraisements and settlements, handles creditor notice under W. Va. Code § 44-1-14a and appoints fiduciary commissioners when required under W. Va. Code § 44-3. | 150 Armstrong Street, Second Floor, Keyser, WV 26726. (304) 788-3924. Fax (304) 788-4109. [email protected]. |
| Legal Aid of West Virginia | Statewide civil legal aid intake for people who qualify. | 866-255-4370. https://legalaidwv.org/get-help/apply-for-help/ |
| West Virginia State Bar Lawyer Referral Service | Helps find a lawyer by location and practice area. The initial consultation fee is no more than $25 for the first 30 minutes, current as reviewed August 2026. | https://wvlawyerreferral.org/ |
| Tuesday Legal Connect | Free State Bar telephone hotline for general legal information on Tuesdays from 6 to 8 p.m. | 1-800-642-3617. |
| West Virginia Free Legal Answers | Free online question and answer service for income-eligible West Virginians, answered by volunteer attorneys. | https://wv.freelegalanswers.org/ |
When to hire an attorney
Many Mineral County estates can begin at the clerk's counter, but counsel makes sense when family members disagree, the will may be contested under W. Va. Code § 41-5-11, real estate must be sold, creditors raise issues under W. Va. Code § 44-1-14a, a fiduciary commissioner becomes involved under W. Va. Code § 44-3 or you are unsure whether the small-estate affidavit under W. Va. Code § 44-1A-2 is available. Sunset connects families with a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches for bank, investment, retirement, insurance and other assets so the family can understand what belongs in the Mineral County estate settlement before filing.
Generate the probate packet. Sunset turns the asset and family information into an organized packet you can use when speaking with the Mineral County Clerk's office, including the information needed for ET 6.01 under W. Va. Code § 44-1-14 and ET 6.02 under § 11-11-7.
Find a local probate attorney. If the estate involves a will contest under W. Va. Code § 41-5-11, a real estate sale, a creditor dispute under W. Va. Code § 44-1-14a or a fiduciary commissioner referral under W. Va. Code § 44-3, Sunset can connect you with a local probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, identify assets and understand next steps without paying Sunset.
Frequently asked questions
Where do I file a Mineral County estate?
File with the Mineral County Clerk's office at 150 Armstrong Street, Second Floor, Keyser, WV 26726. W. Va. Code § 41-5-4 uses the county where the person lived at death for a will, and W. Va. Code § 44-1-4 uses the same county for an intestate estate.
Is Mineral County probate filed online?
No. West Virginia has no probate e-filing through the county clerk. Estate papers are filed on paper with the Mineral County Clerk's office.
Can I look up Mineral County estate papers online?
The Mineral County Clerk publishes a county clerk indexing system at https://www.mineralwv.gov/county-clerk-records/ and says it includes wills. Ask the clerk whether the index also covers appraisements or fiduciary settlements. WVPASS is a circuit court records system and does not contain routine estate files.
Does the Mineral County Clerk require an appointment for probate?
The Mineral County Clerk's website does not publish an appointment rule for probate business. Call (304) 788-3924 before going to Keyser to confirm what the office wants you to bring and whether a probate staff member is available.
Does Mineral County have local probate forms?
The Mineral County Clerk's office does not publish additional downloadable probate forms on its website. Statewide materials include ET 6.01 under W. Va. Code § 44-1-14, ET 6.02 under W. Va. Code § 11-11-7 and the small-estate affidavit contents under W. Va. Code § 44-1A-2.
What does small estate mean in Mineral County?
West Virginia's small-estate process is an affidavit under W. Va. Code § 44-1A-2. The personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4), current as reviewed August 2026, and after July 9, 2025 it is not available when the decedent owned probate real estate under W. Va. Code § 44-1A.
Will I have to attend a hearing in Mineral County?
Most Mineral 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. Ask the Mineral County Clerk's office whether participation by phone or video is available.
What document proves I can act for the estate?
When the Mineral County Clerk appoints you, the clerk issues a certificate of qualification. Banks may call that document letters testamentary if there is a will or letters of administration if there is no will.
How much does it cost to start an estate in Mineral County?
Mineral County does not publish a local probate fee schedule on the clerk's website. West Virginia has no single statewide probate filing fee under W. Va. Code § 59-1-10, so call the Mineral County Clerk for the current total before you file.
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.