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Nicholas County, WV Probate Information
Quick facts
| Item | Nicholas County information |
|---|---|
| Probate authority | The Nicholas County Commission has probate jurisdiction under W. Va. Code § 7-1-3, and routine filings are handled by the Nicholas County Clerk's office. |
| Courthouse address | 700 Main Street, Suite 2, first floor, Summersville, WV 26651 |
| Mailing | No separate mailing address is published by the Nicholas County Clerk's office. Use the courthouse address unless the office gives you different instructions. |
| Phone | (304) 872-7820, the clerk's general line and the only published number for estate business |
| Fax | (304) 872-9600 |
| [email protected], a general county-clerk mailbox, not a dedicated probate address | |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. |
| County charges | No single statewide probate filing fee exists under W. Va. Code § 59-1-10. Nicholas County does not publish a local probate fee schedule on the clerk's website, so ask the clerk for current recording, oath, notice, closing, newspaper, and any W. Va. Code § 44-1-8 bond charges before filing. Current as August 2026. |
| Probate forms | The Nicholas County Clerk's office does not publish additional probate forms on its website. Statewide items 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 under W. Va. Code § 44-1A-2(e). |
| Paper filing | West Virginia has no e-filing for probate with the county clerk. Estate papers are filed on paper with the Nicholas County Clerk. |
| Online lookup | The Nicholas County Clerk's website links to an online document index for recorded documents, including wills. Ask the clerk whether the index also covers appraisements under W. Va. Code § 44-1-14 and fiduciary settlements. |
| Phone or video participation | Most estates are handled at the counter. If a matter is referred or an objection is filed, ask the Nicholas County Clerk's office whether phone or video participation is available for that specific matter. |
| Website | Nicholas County Clerk |
Before you begin — know the assets and liabilities
Before you contact the Nicholas County Clerk, make a list of what the person owned, what was jointly titled, what had a beneficiary, and what debts remain. The hardest part of a West Virginia estate settlement is often gathering accurate asset information for the appraisement, ET 6.01, due under W. Va. Code § 44-1-14, and the nonprobate inventory, ET 6.02, due under W. Va. Code § 11-11-7.
Sunset's estate settlement tools can search more than 2,300 institutions for accounts and assets, organize what you find, and help you decide what to bring to the Nicholas County Clerk's office in Summersville.
Which court handles jurisdiction
The Nicholas County Clerk's office at the courthouse in Summersville serves Nicholas County. West Virginia venue starts where the person lived: 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 puts an intestate estate in the same place. If the decedent lived in Nicholas County, start with the Nicholas County Clerk.
West Virginia probate is not a court proceeding for a routine estate. The Nicholas County Commission holds probate jurisdiction under W. Va. Code § 7-1-3 and W. Va. Const. art. VIII, § 6, and the Nicholas County Clerk admits the will under W. Va. Code § 41-5-10 and appoints the executor or administrator under W. Va. Code § 44-1-4. A will contest under W. Va. Code § 41-5-11 or an appeal under W. Va. Code § 58-3-1 goes to the circuit court, not to the clerk's counter.
The Nicholas County Clerk's office does not publish a fiduciary supervisor under W. Va. Code § 44-3A on its website. For a routine Nicholas County estate, start with the clerk's office and ask whether any matter must be referred to a fiduciary commissioner under W. Va. Code § 44-3.
The jurisdiction process
- Collect the will, death certificate, asset list, debt list, deed information, account statements, and names and addresses of heirs or beneficiaries before going to the Nicholas County Clerk's office in Summersville.
- Choose the right local filing path. A full administration begins with the Nicholas County Clerk, while a small-estate affidavit is available only under W. Va. Code § 44-1A when the statutory requirements are met, including no probate real estate after July 9, 2025, under W. Va. Code § 44-1A-2.
- File paper documents with the Nicholas County Clerk at 700 Main Street, Suite 2, first floor, Summersville. West Virginia has no e-filing for probate with the county clerk.
- Pay the county charges the clerk quotes at filing. Nicholas County does not publish a local probate fee schedule online, and there is no single statewide probate filing fee under W. Va. Code § 59-1-10. Current as August 2026.
- If the clerk appoints you, take the oath and address any W. Va. Code § 44-1-8 bond requirement. The clerk then issues a certificate of qualification, the letters document that banks and transfer agents use to recognize your authority.
- File 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, within 90 days of qualification under W. Va. Code § 44-1-14.
- The clerk publishes notice to creditors under W. Va. Code § 44-1-14a. If an objection is filed or the matter needs review, it may be referred to a fiduciary commissioner under W. Va. Code § 44-3.
- Most Nicholas County estates do not require a hearing. If a hearing is scheduled before a fiduciary commissioner under W. Va. Code § 44-3 or before the Nicholas County Commission under W. Va. Code § 7-1-3, ask the Nicholas County Clerk's office whether you may participate by phone or video.
- Administer the estate, pay allowed claims, transfer assets, keep receipts, and close the estate through the closing route the clerk identifies, which may include a waiver of final settlement under W. Va. Code § 44-2-29 or another article 2 settlement under W. Va. Code § 44-2.
Forms and documents
Probate forms in Nicholas County
West Virginia does not publish a statewide probate form set. The appraisement, ET 6.01, is required under W. Va. Code § 44-1-14, and the nonprobate inventory, ET 6.02, is required under W. Va. Code § 11-11-7. The small-estate affidavit's required content is set by W. Va. Code § 44-1A-2(e).
The Nicholas County Clerk's office does not publish additional probate forms on its website. Call the clerk before filing to ask which local applications, oath forms, bond forms under W. Va. Code § 44-1-8, and copies the office wants you to bring.
| Form or packet | Where it comes from | Nicholas County note |
|---|---|---|
| Appraisement, ET 6.01 | State Tax Department form used in West Virginia estates under W. Va. Code § 44-1-14 | Ask the Nicholas County Clerk for the current copy when you qualify. |
| Nonprobate inventory, ET 6.02 | State Tax Department form filed under W. Va. Code § 11-11-7 | Ask the Nicholas County Clerk how the office wants it submitted. |
| Small-estate affidavit | Statutory contents under W. Va. Code § 44-1A-2(e) | Use only if W. Va. Code § 44-1A applies, including the post July 9, 2025 rule excluding probate real estate. |
Recent updates
Scenarios
| Situation | Likely Nicholas County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming how the home is titled and whether any asset is probate real estate. File with the Nicholas County Clerk in Summersville if a Nicholas County estate is needed. If probate real estate is involved, the small-estate affidavit under W. Va. Code § 44-1A is not available after July 9, 2025. | Sunset helps organize deed information, account ownership, beneficiary designations, and debts so the spouse knows what to ask the clerk. |
| Out-of-state adult child with small estate | If W. Va. Code § 44-1A applies and the estate has no probate real estate, ask the Nicholas County Clerk about filing the small-estate affidavit and receiving the certificate and authorization of small estate under W. Va. Code § 44-1A-2. If full administration is needed, ask about oath, copies, and any W. Va. Code § 44-1-8 bond issue before traveling. | Sunset helps find accounts, build the asset list, and identify whether the estate looks like a W. Va. Code § 44-1A small-estate filing or a full administration. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually means full administration through the Nicholas County Clerk, because a W. Va. Code § 44-1A small-estate affidavit is not available for probate real estate after July 9, 2025. The parent should ask the clerk what is needed to qualify, obtain the certificate of qualification and letters, and complete the appraisement under W. Va. Code § 44-1-14. | Sunset helps assemble the estate settlement packet, track institutions, and connect the family with a local attorney when a deed, sale, or family dispute makes the process more complex. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Nicholas County Clerk's office | Filing office for Nicholas County estates. The office is on the first floor of the courthouse in Summersville and records deeds and wills, probates wills, and assists with estate administration. | 700 Main Street, Suite 2, Summersville, WV 26651. Phone: (304) 872-7820. Fax: (304) 872-9600. Website: Nicholas County Clerk |
| Legal Aid of West Virginia | Statewide civil legal aid intake for people who qualify. | 866-255-4370. Apply for help |
| West Virginia State Bar Lawyer Referral Service | Helps locate a lawyer by location and practice area, with a reduced-fee initial consultation. | West Virginia Lawyer Referral |
| Tuesday Legal Connect | Free State Bar telephone hotline on Tuesdays from 6 to 8 p.m. for general legal information. | 1-800-642-3617 |
| West Virginia Free Legal Answers | Free online legal questions and answers for income-eligible West Virginians, answered by volunteer attorneys. | West Virginia Free Legal Answers |
When to hire an attorney
Consider legal help if someone disputes the will under W. Va. Code § 41-5-11, if a creditor issue under W. Va. Code § 44-1-14a may send the estate to a fiduciary commissioner under W. Va. Code § 44-3, if real estate must be sold, or if an out-of-state family member needs help handling Nicholas County requirements. Sunset connects you to a vetted attorney.
How Sunset helps
Find the accounts and assets
Sunset helps families identify bank accounts, investment accounts, insurance proceeds, retirement accounts, real estate leads, vehicles, and debts so the Nicholas County estate settlement starts with a usable inventory.
Generate the probate packet
Sunset turns what you find into an organized packet for the Nicholas County Clerk, including asset summaries, family information, and the details needed for 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 home sale, a dispute, a creditor problem under W. Va. Code § 44-1-14a, or a referral to a fiduciary commissioner under W. Va. Code § 44-3, Sunset can connect the family with a vetted local attorney.
Sunset is free for families
Sunset is free for families. The goal is to make estate settlement easier by combining asset discovery, document organization, and local probate guidance in one place.
Frequently asked questions
Where do I file probate papers in Nicholas County?
File with the Nicholas County Clerk's office at 700 Main Street, Suite 2, first floor, Summersville, WV 26651. The Nicholas County Commission has probate jurisdiction under W. Va. Code § 7-1-3, and the clerk handles routine estate filings for the commission.
Is Nicholas County probate filed online?
No. West Virginia has no e-filing for probate with the county clerk. File estate papers on paper with the Nicholas County Clerk's office.
Can I look up a Nicholas County estate online?
The Nicholas County Clerk's website links to an online document index for recorded documents, including wills. Ask the clerk whether that index also includes appraisements under W. Va. Code § 44-1-14 and fiduciary settlements. WVPASS is a circuit court records system and does not contain the county clerk's estate file.
Does Nicholas County publish its own probate forms?
The Nicholas County Clerk's office does not publish additional probate forms on its website. Use 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 any forms the clerk supplies when you qualify. A small-estate affidavit must follow W. Va. Code § 44-1A-2(e).
How much does it cost to open an estate in Nicholas County?
Nicholas County does not publish a local probate fee schedule online. There is no single statewide probate filing fee under W. Va. Code § 59-1-10. Ask the clerk for the current recording, oath, notice to creditors under W. Va. Code § 44-1-14a, closing, newspaper, and any W. Va. Code § 44-1-8 bond charges before filing. Current as August 2026.
Will I have a hearing in Nicholas County?
Most Nicholas 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 before the commissioner or before the Nicholas County Commission under W. Va. Code § 7-1-3.
Can I handle Nicholas County probate without traveling to Summersville?
Call the Nicholas County Clerk's office before you travel. The office publishes the courthouse address and phone number, but it does not publish an appointment rule or a phone or video participation rule for estate matters.
Can I use a small-estate affidavit in Nicholas County if there is real estate?
No, not if the estate includes probate real estate. West Virginia's small-estate process under W. Va. Code § 44-1A is not available for probate real estate after July 9, 2025, under W. Va. Code § 44-1A-2. The personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4), current after HB 2867 took effect July 9, 2025.
What document proves I can act for the estate?
When the Nicholas County Clerk appoints you, you take an oath and address any W. Va. Code § 44-1-8 bond requirement. The clerk then issues a certificate of qualification, the letters document that banks and transfer agents use for an executor or administrator.
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.