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Monroe County, WV Probate Information
Quick facts
| Item | Monroe County information |
|---|---|
| Probate authority | The Monroe County Commission holds probate jurisdiction under W. Va. Code § 7-1-3 and W. Va. Const. art. VIII, § 6. The Monroe County Clerk's office handles routine will admission and appointment at the courthouse in Union under W. Va. Code § 41-5-10 and § 44-1-4. |
| Courthouse address | Monroe County Courthouse, 350 Main Street, Union, WV 24983 |
| Mailing address | P.O. Box 350, Union, WV 24983 |
| Phone | (304) 772-3096 |
| Fax | (304) 772-4191 |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m., closed for lunch from 12:00 p.m. to 1:00 p.m., and closed on legal holidays. |
| Appointment | Use the Monroe County Clerk's Open an Estate: Appointment Request Form, or call the clerk's office, before going to Union to open an estate. |
| Costs to start | West Virginia has no single statewide probate filing fee under W. Va. Code § 59-1-10. Monroe's Schedule of Clerk's Fees to be Charged, effective July 1, 2024, lists $12.00 to file a will and $7.00 to administer the executor's or administrator's oath. |
| Local forms | Monroe County publishes an Open an Estate: Appointment Request Form, an Ancillary Estate Form, and a clerk fee schedule. State appraisement form ET 6.01 is due under W. Va. Code § 44-1-14, and nonprobate inventory form ET 6.02 is due under W. Va. Code § 11-11-7. |
| Online filing | West Virginia has no e-filing for probate. Estate papers are filed on paper, by appointment, with the Monroe County Clerk. |
| Record lookup | The Monroe County Clerk's Online Document Inquiry searches recorded clerk documents, including fiduciary records, back to July 1, 1999 for most document types. It is not a court case docket. |
| Phone or video participation | Most estates are handled by appointment at the clerk's counter. If an objection or referral creates a hearing, ask the Monroe County Clerk's office whether phone or video participation is available. |
| Website | https://www.monroecountywv.gov/clerk/county-clerk/49 |
Before you begin — know the assets and liabilities
Before you request an appointment in Union, make a working list of assets, debts, beneficiaries, real estate, vehicles, bank accounts, retirement accounts, and anything titled only in the decedent's name. Monroe County estate settlement turns on accurate asset information because the personal representative must file the appraisement under W. Va. Code § 44-1-14 and the nonprobate inventory under W. Va. Code § 11-11-7 within the required time after qualification.
Sunset searches across 2,300 institutions to help families find accounts and assets before they file. That asset discovery step can make the appointment with the Monroe County Clerk more productive and can help you choose the right estate settlement path before fees, publication, and creditor deadlines begin under W. Va. Code § 44-1-14a.
Which court handles jurisdiction
If the decedent lived in Monroe County, file with the Monroe County Clerk at the courthouse in Union. W. Va. Code § 41-5-4 puts a will before the county commission of the county where the decedent had a mansion house or known place of residence at death, and W. Va. Code § 44-1-4 applies the same place for an intestate estate.
The Monroe County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, while the county clerk handles routine qualification and will admission between commission sessions under W. Va. Code § 41-5-10. A will contest is filed in the Circuit Court of Monroe County under W. Va. Code § 41-5-11, and an appeal from a final commission order is governed by W. Va. Code § 58-3-1.
The jurisdiction process
- Request an estate appointment. Use the Monroe County Clerk's Open an Estate: Appointment Request Form at https://www.monroecountywv.gov/clerk/open-an-estate-appointment-request-form/113, or call (304) 772-3096, before going to the courthouse in Union.
- Gather the starting papers. Bring the original will if there is one, a death certificate if the clerk asks for it, a list of heirs and beneficiaries, and a working asset list. The clerk admits the will to record under W. Va. Code § 41-5-10, and an intestate estate is handled under W. Va. Code § 44-1-4.
- Qualify as personal representative. At the Monroe County Courthouse, 350 Main Street, Union, the executor or administrator takes the oath and, unless W. Va. Code § 44-1-8 excuses bond or surety, addresses bond with the clerk. Monroe's fee schedule effective July 1, 2024 lists $7.00 for the oath and $12.00 to file a will.
- Receive the authority document. After appointment, the clerk issues a certificate of qualification, the document families and banks often call letters testamentary when there is a will or letters of administration when there is no will. Ask how many certified copies each bank or transfer agent will require.
- File the asset forms. File the West Virginia 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. Monroe's fee schedule effective July 1, 2024 lists $12.00 to file the appraisement.
- Let the clerk publish the administration notice. The Monroe County Clerk handles the notice to creditors under W. Va. Code § 44-1-14a. Monroe's fee schedule effective July 1, 2024 lists a $20.00 appraisement publication charge.
- Handle claims and any referral. Creditors use the W. Va. Code § 44-1-14a process. Monroe follows the article 2 pattern, so an estate above $200,000 of probate assets, exclusive of real estate specifically devised and nonprobate assets, can be referred under W. Va. Code § 44-2-1(b) to a fiduciary commissioner under W. Va. Code § 44-3.
- Close the estate. When administration is ready to close, Monroe's fee schedule effective July 1, 2024 lists $12.00 for a settlement, waiver, or report that is mailed or published, and $17.00 for a recorded fiduciary commissioner settlement. Article 2 estates commonly close by waiver of final settlement under W. Va. Code § 44-2-29 or by a report of receipts and disbursements under W. Va. Code § 44-2-1.
Forms and documents
Probate forms in Monroe County
Monroe County uses the county clerk appointment process for opening an estate. West Virginia does not have a single statewide numbered probate form set, but the appraisement form ET 6.01 is filed under W. Va. Code § 44-1-14, the nonprobate inventory ET 6.02 is filed under W. Va. Code § 11-11-7, and the small estate affidavit content is set by W. Va. Code § 44-1A-2.
| Form or resource | How Monroe County uses it | Where to find it |
|---|---|---|
| Open an Estate: Appointment Request Form | Use this Monroe County Clerk form to request an appointment to open an estate in Union. | https://www.monroecountywv.gov/clerk/open-an-estate-appointment-request-form/113 |
| Ancillary Estate Form | Use this Monroe County form when a nonresident decedent's West Virginia real estate needs a Monroe County filing. The statewide ancillary filing route comes from W. Va. Code § 44-1-4 and W. Va. Code § 41-5-13. | https://www.monroecountywv.gov/document_center_uploads/sb_ancillary-estate-form.pdf |
| Schedule of Clerk's Fees to be Charged | Use this dated Monroe County schedule to estimate clerk charges for estate filings. The schedule is effective July 1, 2024. | https://www.monroecountywv.gov/document_center_uploads/da_schedule-of-clerks-fees-(07-01-24).pdf |
| ET 6.01 appraisement | The personal representative files the appraisement under W. Va. Code § 44-1-14 after qualification. | Ask the Monroe County Clerk's office when you qualify. |
| ET 6.02 nonprobate inventory | The personal representative files the nonprobate inventory under W. Va. Code § 11-11-7 after qualification. | Ask the Monroe County Clerk's office when you qualify. |
Fees
West Virginia has no single statewide probate filing fee under W. Va. Code § 59-1-10. Monroe County publishes its own Schedule of Clerk's Fees to be Charged, effective July 1, 2024, and those county totals already include the listed base charge and preservation surcharge where the schedule applies one.
| Monroe County item | Published charge |
|---|---|
| Filing a will | $12.00, plus $5.32 postage for mailing a certified copy, under the county schedule effective July 1, 2024. |
| Executor or administrator oath | $7.00 under the county schedule effective July 1, 2024, with the oath component tied to W. Va. Code § 59-1-10. |
| Appraisement filing | $12.00 under the county schedule effective July 1, 2024, for the appraisement filed under W. Va. Code § 44-1-14. |
| Appraisement publication | $20.00 under the county schedule effective July 1, 2024, matching the administration notice publication fee in W. Va. Code § 44-1-14a(g). |
| Fiduciary bond or fiduciary affidavit | $12.00 each under the county schedule effective July 1, 2024, with bond handled under W. Va. Code § 44-1-8. |
| Certified authority copy | $2.50 under the county schedule effective July 1, 2024, for a certified copy of the certificate of qualification, also called letters testamentary or letters of administration. |
| Settlement, waiver, or report, mailed or published | $12.00 under the county schedule effective July 1, 2024, for article 2 closing filings under W. Va. Code § 44-2. |
| Recorded fiduciary commissioner settlement | $17.00 under the county schedule effective July 1, 2024, for a fiduciary commissioner matter under W. Va. Code § 44-3 and § 44-2-1. |
Monroe is an article 2 county based on its published fee schedule, so referral is tied to W. Va. Code § 44-2-1(b). If the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3, the default fiduciary commissioner's fee is capped at $300 plus expenses under W. Va. Code § 44-2-1(a), current as of August 2026, unless the personal representative agrees to more or the Monroe County Commission has adopted a schedule under W. Va. Code § 59-1-9.
Local nuance
Monroe County-specific considerations
| Local point | What to do |
|---|---|
| Appointment request | Start with the Monroe County Clerk's Open an Estate: Appointment Request Form or call (304) 772-3096. The form says the office will contact you to set up an appointment in your preferred time frame if possible. |
| Lunch closure | The clerk's office is open Monday through Friday, 8:30 a.m. to 4:30 p.m., but closes for lunch from 12:00 p.m. to 1:00 p.m. Do not plan a midday estate settlement appointment without checking first. |
| Article 2 handling | Monroe's fee schedule uses article 2 settlement language and fiduciary commissioner entries under W. Va. Code § 44-3, not a fiduciary supervisor system under W. Va. Code § 44-3A. For Monroe, the referral figure is $200,000 under W. Va. Code § 44-2-1(b). |
| Online document inquiry | The Monroe County Clerk's Online Document Inquiry searches recorded documents, including fiduciary records, back to July 1, 1999 for most document types. Older documents require an in-person check of the hardback indexes in the Record Room. |
Recent updates
| Update | What changed |
|---|---|
| Monroe fee schedule effective July 1, 2024 | The Monroe County Clerk publishes estate-related charges, including $12.00 to file a will, $7.00 for the oath, $12.00 for the appraisement under W. Va. Code § 44-1-14, and $20.00 for appraisement publication under W. Va. Code § 44-1-14a. |
| County document inquiry coverage | The Monroe County Clerk's Online Document Inquiry states that fiduciary records and most other documents are searchable back to July 1, 1999, with older records checked in person in the Record Room. |
Scenarios
| Situation | Likely Monroe County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start with the deed and beneficiary designations. If an estate is needed, use the Monroe County Clerk's appointment request form and bring the asset list to Union. If bond or surety comes up, address it with the clerk under W. Va. Code § 44-1-8. | Sunset helps identify accounts, debts, titled assets, and beneficiary designations before the estate settlement appointment. |
| Out-of-state adult child w/ small estate | Use the appointment request form before traveling. West Virginia's small estate affidavit is governed by W. Va. Code § 44-1A, and it is not available if the decedent owned probate real estate in Monroe County. If the only Monroe County issue is real estate from a nonresident estate, ask about the Ancillary Estate Form. | Sunset helps decide whether the known assets fit a clerk appointment, a W. Va. Code § 44-1A small estate affidavit, or an ancillary Monroe County filing. |
| Parent settling predeceased child's estate, home must be sold | Expect full administration through the Monroe County Clerk. File the appraisement under W. Va. Code § 44-1-14, pay the Monroe schedule charges effective July 1, 2024, including $12.00 for the appraisement and $20.00 for appraisement publication, and watch for referral only if the W. Va. Code § 44-2-1(b) threshold is met. | Sunset helps organize the home, accounts, debts, and sale-related paperwork so the personal representative can move the estate settlement forward. |
Self-help resources
| Resource | How to use it |
|---|---|
| Monroe County Clerk | Call (304) 772-3096 or use the Open an Estate: Appointment Request Form for local filing logistics, appointment scheduling, and clerk records. |
| Legal Aid of West Virginia | Apply for help at https://legalaidwv.org/get-help/apply-for-help/ or call 866-255-4370. |
| West Virginia State Bar Lawyer Referral Service | Use https://wvlawyerreferral.org to look for a West Virginia lawyer referral. |
| Tuesday Legal Connect | Call 1-800-642-3617 for the statewide legal-help phone program. |
| West Virginia Free Legal Answers | Use https://wv.freelegalanswers.org for the online legal question program. |
| West Virginia Senior Legal Aid | Call 800-229-5068 or visit https://seniorlegalaid.org for senior-focused legal help. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investment accounts, insurance, retirement assets, real estate clues, vehicles, and debts so the Monroe County estate packet starts from a complete asset picture.
Generate the probate packet. Sunset organizes the information needed for the Monroe County Clerk appointment, including the people involved, the known assets, and the documents the personal representative will use during estate settlement.
Find a local probate attorney. When the estate needs legal help, Sunset can connect the family with a vetted West Virginia probate attorney who understands clerk-filed estates and Monroe County practice.
Sunset is free for families. Families can use Sunset to organize the work, understand the next step, and move from uncertainty to a clear estate settlement plan.
Frequently asked questions
Where do I file probate papers for someone who lived in Monroe County?
File with the Monroe County Clerk at the Monroe County Courthouse, 350 Main Street, Union, WV 24983. The Monroe County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and the clerk handles routine will admission and appointment under W. Va. Code § 41-5-10 and W. Va. Code § 44-1-4.
Do I need an appointment to open an estate in Monroe County?
Use the Monroe County Clerk's Open an Estate: Appointment Request Form, or call (304) 772-3096, before going to Union. The county form says the office will contact you to set up an appointment in your preferred time frame if possible.
Can I e-file a Monroe County probate estate?
No online probate filing is published for Monroe County. West Virginia has no e-filing system for routine probate, and estate papers are filed on paper with the Monroe County Clerk.
Can I look up a Monroe County estate online?
The Monroe County Clerk's Online Document Inquiry searches recorded clerk documents, including fiduciary records, back to July 1, 1999 for most document types. It is an index of recorded documents, not a court case docket. WVPASS searches circuit court records and does not contain the county clerk estate file.
What does it cost to start probate in Monroe County?
West Virginia has no single statewide probate filing fee under W. Va. Code § 59-1-10. Monroe's fee schedule effective July 1, 2024 lists $12.00 to file a will, $7.00 for the executor's or administrator's oath, $12.00 for the appraisement under W. Va. Code § 44-1-14, and $20.00 for appraisement publication under W. Va. Code § 44-1-14a.
Does Monroe County have local probate forms?
Yes. Monroe County publishes an Open an Estate: Appointment Request Form, an Ancillary Estate Form, and a Schedule of Clerk's Fees to be Charged. The small estate affidavit is governed by W. Va. Code § 44-1A-2, and the appraisement and nonprobate inventory are ET 6.01 under W. Va. Code § 44-1-14 and ET 6.02 under W. Va. Code § 11-11-7.
Can I handle a Monroe County estate without traveling twice?
Start by using the appointment request form or calling the Monroe County Clerk. Ask what documents, bond information under W. Va. Code § 44-1-8, and certified copies the clerk wants before you travel to Union.
Will there be a hearing in Monroe County?
Most Monroe County estates are handled by appointment at the clerk's counter. If the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3 or an objection is filed, a hearing may be scheduled before the commissioner or before the Monroe County Commission, which holds probate jurisdiction under W. Va. Code § 7-1-3. Ask the Monroe County Clerk whether phone or video participation is available.
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.