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Pendleton County, WV Probate Information
Quick facts
| Item | Details |
|---|---|
| Probate authority | The Pendleton County Commission holds probate jurisdiction under W. Va. Code § 7-1-3; the Pendleton County Clerk handles routine estate filings at the counter. |
| Courthouse address | Pendleton County Courthouse, 10 South Main Street, Franklin, WV 26807. |
| Mailing address | Pendleton County Clerk, P.O. Box 1167, Franklin, WV 26807. |
| Phone | (304) 358-2505. |
| Fax | (304) 358-2473. The county does not say that estate papers may be filed by fax. |
| [email protected]. | |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. The county clerk's page does not publish a lunch closure. |
| Costs | Pendleton County does not publish a local estate fee schedule. West Virginia has no single statewide probate filing fee under W. Va. Code § 59-1-10, so ask the clerk for the current recording, oath, notice and closing costs before filing. |
| County form publications | The Pendleton County Clerk's office does not publish additional probate forms, a probate checklist or a probate brochure on its website. Statewide estate forms include ET 6.01 under W. Va. Code § 44-1-14 and ET 6.02 under W. Va. Code § 11-11-7. |
| Electronic filing | West Virginia has no probate e-filing for the Pendleton County Clerk. Estate papers are filed on paper with the county clerk. |
| Record lookup | The Pendleton County Clerk links an online document inquiry for recorded documents, including Probate Records and Wills. Name indexing is incomplete, according to the county's own description. WVPASS is a circuit court system and does not contain the estate file. |
| Hearings by phone or video | Most estates do not require a hearing. If a hearing is needed, ask the Pendleton County Clerk whether participation by phone or video is available. |
| Website | Pendleton County Clerk |
Before you begin — know the assets and liabilities
Before you go to the courthouse in Franklin, make a working list of the decedent's accounts, vehicles, real estate, debts and likely beneficiaries. Estate settlement in Pendleton County moves more smoothly when you know what property is probate property, what passes outside the estate, and whether a certificate of qualification will be needed for banks or transfer agents.
Sunset's asset discovery searches more than 2,300 institutions to help families find accounts and policies before the personal representative signs the appraisement. That matters because ET 6.01 is due within 90 days of qualification under W. Va. Code § 44-1-14, and ET 6.02 is filed as the nonprobate inventory under W. Va. Code § 11-11-7.
Which court handles jurisdiction
File in Pendleton County when the decedent's residence at death was in Pendleton County. W. Va. Code § 41-5-4 places the will before the county commission of the county where the person lived, and W. Va. Code § 44-1-4 places an intestate estate in the same county.
The local filing office is the Pendleton County Clerk at the Pendleton County Courthouse in Franklin. 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 of Pendleton County, but the estate file itself stays with the county clerk and the Pendleton County Commission under W. Va. Code § 7-1-3.
The jurisdiction process
- Choose the right local path before filing. For a routine estate, bring the will if there is one, a death certificate, asset information, names and addresses for interested people, and any bond information required by W. Va. Code § 44-1-8. If the W. Va. Code § 44-1A small-estate affidavit may apply, remember that the personal-property limit is $50,000 under W. Va. Code § 44-1A-1 and, since July 9, 2025, W. Va. Code § 44-1A-2 excludes any estate with probate real estate.
- File on paper with the Pendleton County Clerk at 10 South Main Street in Franklin. The clerk admits the will to record under W. Va. Code § 41-5-10 or handles an intestate appointment under W. Va. Code § 44-1-4, then the Pendleton County Commission confirms the clerk's action under W. Va. Code § 7-1-3.
- Pay the current county costs. Pendleton County does not publish a local estate fee schedule. Under the current Code reviewed August 2026, West Virginia has no single statewide probate filing fee under W. Va. Code § 59-1-10; the statewide pieces include recording charges under § 59-1-10, a $20 notice charge under W. Va. Code § 44-1-14a(g), and a $10 article 2 settlement recording and mailing charge under W. Va. Code § 44-2-1(c).
- Qualify as personal representative if appointment is needed. You take an oath, provide bond unless excused under W. Va. Code § 44-1-8, and receive a certificate of qualification, the letters document banks usually ask for.
- File the inventory documents. ET 6.01, the appraisement, is returned to the county clerk within 90 days of qualification under W. Va. Code § 44-1-14. ET 6.02, the nonprobate inventory, is filed under W. Va. Code § 11-11-7.
- Handle notice and claims. The clerk publishes the notice to creditors under W. Va. Code § 44-1-14a, and creditor deadlines run from that publication under the same statute.
- Watch for referral or objection. The Pendleton County Clerk's office does not publish a fiduciary supervisor under W. Va. Code § 44-3A, so routine filings are handled through the clerk. A fiduciary commissioner under W. Va. Code § 44-3 may become involved if the estate is referred or an objection requires it. Under the current Code reviewed August 2026, the default article 2 fiduciary commissioner fee cap is $300 plus expenses under W. Va. Code § 44-2-1(a), unless the personal representative agrees to more or the county commission has adopted a W. Va. Code § 59-1-9 schedule.
- Ask about any hearing before you make travel plans. Most Pendleton County estates are handled at the counter. If an objection is filed or a matter is referred, ask the Pendleton County Clerk whether any meeting or hearing can be handled by phone or video.
- Close the estate after administration. In an article 2 estate, the personal representative may close with a waiver of final settlement under W. Va. Code § 44-2-29 or a report of receipts, disbursements and distribution under W. Va. Code § 44-2, depending on the estate and the interested people involved.
Forms and documents
Probate forms in Pendleton County
The Pendleton County Clerk's office does not publish additional probate forms, a probate checklist or a probate brochure on its website. The clerk's page does publish the office contact information and an online document inquiry for recorded documents.
West Virginia estate filings still use statewide materials. ET 6.01 is the appraisement returned within 90 days of qualification under W. Va. Code § 44-1-14. ET 6.02 is the nonprobate inventory filed under W. Va. Code § 11-11-7. The W. Va. Code § 44-1A small-estate affidavit content is set by W. Va. Code § 44-1A-2.
| Form or packet | Where to get it | Local note |
|---|---|---|
| ET 6.01 appraisement | Ask the Pendleton County Clerk when you qualify. | Due within 90 days of qualification under W. Va. Code § 44-1-14. |
| ET 6.02 nonprobate inventory | Ask the Pendleton County Clerk when you qualify. | Filed under W. Va. Code § 11-11-7. |
| W. Va. Code § 44-1A small-estate affidavit | The affidavit contents are set by W. Va. Code § 44-1A-2. | Use only if the W. Va. Code § 44-1A requirements are met. |
Local nuance
Pendleton County-specific considerations
| Local point | What it means |
|---|---|
| Use the clerk's address, not the general county footer | The Pendleton County Clerk publishes 10 South Main Street, Franklin, WV 26807, with mailing address P.O. Box 1167. The general county footer uses a different general county contact block. |
| Commission meeting cadence | The Pendleton County Commission, which holds probate jurisdiction under W. Va. Code § 7-1-3, states that it meets on the first and third Tuesday of every month at 9:00 a.m. in the Commission Office on the first floor of the Pendleton County Courthouse. This is the commission's general meeting schedule, not a promised probate hearing date. |
| Document inquiry is available | The Pendleton County Clerk's document inquiry says it includes Probate Records and Wills, but also says not all records are indexed by name at this time. Use it as a recorded-document index, then call the clerk if the estate record is not easy to find. |
| Article 3A status is not published | The Pendleton County Clerk's office does not publish a fiduciary supervisor under W. Va. Code § 44-3A. Routine estates should start with the county clerk, with a fiduciary commissioner under W. Va. Code § 44-3 available if the estate is referred. |
Recent updates
Scenarios
| Situation | Likely Pendleton County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming how the home is titled and whether anything must pass through the estate. If appointment is needed, file with the Pendleton County Clerk in Franklin; the Pendleton County Commission holds probate jurisdiction under W. Va. Code § 7-1-3. Bond questions are handled under W. Va. Code § 44-1-8. | Sunset helps identify accounts, insurance and debts so the spouse knows whether full estate settlement is needed before going to the courthouse. |
| Out-of-state adult child with small estate | If there is no probate real estate and probate personal property is $50,000 or less, the W. Va. Code § 44-1A affidavit route may fit. Since July 9, 2025, W. Va. Code § 44-1A-2 excludes probate real estate from the small-estate process. Call the Pendleton County Clerk before traveling to Franklin. | Sunset helps locate accounts and estimate values so the child can tell whether W. Va. Code § 44-1A is realistic or whether appointment is needed. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually means full administration through the Pendleton County Clerk. The clerk appoints the personal representative under W. Va. Code § 41-5-10 or W. Va. Code § 44-1-4, and any required bond is handled under W. Va. Code § 44-1-8. | Sunset organizes asset information, creditor information under W. Va. Code § 44-1-14a, and attorney matching for a sale or disputed estate settlement. |
Self-help resources
| Resource | What it provides | How to use it |
|---|---|---|
| Pendleton County Clerk | Office address, mailing address, phone, fax, email, hours, and the county clerk's listed duty to probate wills and appoint executors and administrators. | Call (304) 358-2505 before traveling to Franklin, especially if you need to know current fees or whether an appointment is needed. |
| Pendleton County Commission | General meeting schedule and courthouse location for the county commission, which holds probate jurisdiction under W. Va. Code § 7-1-3. | Use this for the commission's general schedule, not as a substitute for asking the clerk about an estate filing. |
| Pendleton County document inquiry link | The clerk's page links a document inquiry for recorded documents, including Probate Records and Wills. The county says not all records are indexed by name. | Start from the clerk's page and use the county's disclaimer page before entering the document inquiry. |
| West Virginia Judiciary record access | Access to WVPASS for circuit court records and a separate magistrate record search. | Use WVPASS only for a circuit court will contest under W. Va. Code § 41-5-11 or appeal under W. Va. Code § 58-3-1, not for the county clerk estate file. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investment accounts, insurance and other assets before the Pendleton County paperwork is signed. Better asset information makes estate settlement less chaotic.
Generate the probate packet. Sunset turns what you know about the decedent, the family and the assets into an organized packet you can review before you contact the Pendleton County Clerk.
Find a local probate attorney. If the estate needs legal help, Sunset can connect you with a vetted attorney who handles West Virginia probate and estate settlement issues.
Sunset is free for families. Families can use Sunset to organize the estate, understand next steps and decide whether they need attorney support at no cost.
Frequently asked questions
Where do I file probate papers in Pendleton County?
File paper estate documents with the Pendleton County Clerk at 10 South Main Street in Franklin. The Pendleton County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and the clerk handles routine filings for the commission under W. Va. Code § 41-5-10 and § 44-1-4.
Does Pendleton County have probate e-filing?
No probate e-filing is published for the Pendleton County Clerk. West Virginia Judiciary e-filing is for courts, while routine estate papers are filed on paper with the county clerk.
Can I look up a Pendleton County estate online?
The Pendleton County Clerk links an online document inquiry for recorded documents, including Probate Records and Wills. The county says not all records are indexed by name, so call the clerk if you cannot find what you need. WVPASS is a circuit court record system and does not contain the county clerk estate file.
What is the cost to open an estate in Pendleton County?
Pendleton County does not publish a local estate fee schedule. West Virginia has no single statewide probate filing fee under W. Va. Code § 59-1-10, so call the county clerk for the current total before filing. Under the current Code reviewed August 2026, the statutory pieces include recording charges under § 59-1-10, the $20 notice charge under W. Va. Code § 44-1-14a(g), and the article 2 $10 settlement recording and mailing charge under W. Va. Code § 44-2-1(c).
Does the Pendleton County Clerk publish probate forms?
The Pendleton County Clerk's office does not publish additional probate forms, a checklist or a brochure on its website. Ask the clerk for the packet when you qualify. Statewide forms include ET 6.01 under W. Va. Code § 44-1-14, ET 6.02 under W. Va. Code § 11-11-7, and the W. Va. Code § 44-1A small-estate affidavit content set by W. Va. Code § 44-1A-2.
Do I have to go to a hearing in Pendleton County?
Most Pendleton County estates are handled 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 Pendleton County Commission under W. Va. Code § 7-1-3. Ask the Pendleton County Clerk whether phone or video participation is available.
What document proves I can act for the estate?
After appointment, the Pendleton County Clerk issues a certificate of qualification, the letters document that banks usually request. The oath and any bond question are handled under W. Va. Code § 44-1-8.
Can I use the West Virginia small-estate affidavit in Pendleton County?
Use the W. Va. Code § 44-1A small-estate affidavit only if the statutory requirements fit. The personal-property limit is $50,000 under W. Va. Code § 44-1A-1, and since July 9, 2025, W. Va. Code § 44-1A-2 excludes any estate with probate real estate.
Do I need to travel to Franklin if I live out of state?
Call the Pendleton County Clerk at (304) 358-2505 before traveling. The county does not publish whether appointments are required, whether any filing can be started by mail, or whether a hearing can be handled by phone or video.
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.