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Pocahontas County, WV Probate Information
Quick facts
| Item | Local answer |
|---|---|
| Probate authority | The Pocahontas County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and the Pocahontas County Clerk's office handles routine estate filings at the counter. |
| Courthouse address | Pocahontas County Courthouse, 900 Tenth Avenue, Suite C, Marlinton, WV 24954. |
| Mailing address | P.O. Box 209, Marlinton, WV 24954-0209. |
| Phone | (304) 799-4549. The clerk's office publishes this number for estate questions. |
| Fax | (304) 799-6947. The office publishes this as a contact fax, not as a fax filing rule. |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. Closed on state and federal holidays. Call before driving to Marlinton. |
| Cost to start | West Virginia has no statewide probate filing fee under W. Va. Code § 59-1-10. The Pocahontas County Clerk's office publishes a qualification fee that is normally $47.00, as shown on its probate page last updated April 9, 2025, and says that amount can vary and does not include any bond premium. |
| Local forms | Yes. The clerk's office publishes a probate brochure, an appraisement form, and a waiver for appointment of an administrator or executor. |
| E-filing status | No e-filing for probate. Estate papers are filed on paper with the Pocahontas County Clerk. |
| Online lookup | The clerk's website links a record index search for documents recorded with the county clerk, and that index lists wills, appraisements, and fiduciary settlements among its document types. It is not a court case docket. WVPASS is a circuit court records system and does not contain routine estate files. |
| Hearings by phone or video | Most estates are handled at the counter. If a fiduciary commissioner matter or objection requires a hearing, ask the Pocahontas County Clerk's office whether phone or video participation is available. |
| Website | Pocahontas County Clerk probate guide |
Before you begin — know the assets and liabilities
Before you go to the courthouse in Marlinton, make a plain inventory of the will, heirs, debts, bank accounts, vehicles, insurance, and any real estate. In Pocahontas County, the bond amount can turn on personal property held solely in the decedent's name, and the appraisement and nonprobate inventory are due within 90 days of qualification under W. Va. Code § 44-1-14 and § 11-11-7.
Sunset's estate settlement process starts with asset discovery across 2,300 institutions, so you are not guessing when you talk to the clerk, ask about bond, or complete the estate paperwork. Good asset information makes West Virginia estate settlement faster because the clerk-counter process depends on knowing what the decedent owned.
Which court handles jurisdiction
An estate is opened where the person lived. W. Va. Code § 41-5-4 puts the 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 Pocahontas County, you file with the Pocahontas County Clerk at the courthouse in Marlinton.
The Marlinton courthouse is the only filing location published for Pocahontas County. The clerk's own precinct list covers communities including Durbin, Bartow, Green Bank, Cass, Dunmore, Frost, Marlinton, Campbelltown, Brushy Flat, Slatyfork, Buckeye, Huntersville, Mill Point, Hillsboro, and Droop.
If real estate sits in more than one county, the appraisement under W. Va. Code § 44-1-14 must include the property description in each county where real estate is located, and W. Va. Code § 41-5-18 requires a certified copy of a probated will to be recorded in each county where devised real estate sits.
A will contest goes to the Circuit Court of Pocahontas County under W. Va. Code § 41-5-11, and an appeal from a final county commission order goes to circuit court under W. Va. Code § 58-3-1. Routine estate filing still starts with the Pocahontas County Clerk.
The jurisdiction process
- Call the Pocahontas County Clerk's office at (304) 799-4549 before driving to Marlinton. The older county brochure asks you to schedule an appointment, while the current probate guide warns that some circumstances may keep you from qualifying on the first visit.
- Gather what the clerk's office asks for: the original will and any codicil, names and mailing addresses of heirs and beneficiaries, basic death information, and a certified death certificate if the decedent died outside West Virginia. If there is no will and you are within 30 days from the death, the office asks for notarized waivers from at least half of the heirs designating you, consistent with the local practice around W. Va. Code § 44-1-4.
- Qualify at the clerk's counter. The Pocahontas County Commission has probate jurisdiction under W. Va. Code § 7-1-3, and the clerk admits the will and appoints the executor or administrator under W. Va. Code § 41-5-10. The county publishes a qualification fee that is normally $47.00, as shown on its probate page last updated April 9, 2025, and says the amount can vary and does not include any bond premium.
- Handle bond if the clerk requires it. The county says that, when there is no will, the personal representative is bonded for the approximate value of personal property held solely in the decedent's name, excluding real estate, and W. Va. Code § 44-1-8 controls when bond or surety may be excused. A property bond requires someone other than you who owns Pocahontas County real estate to come with you, and if that person lives in another county they need a Justification of Surety from their own county courthouse. An out-of-state resident must use an insurance bond for twice the amount, and the office says it can assist.
- Receive the certificate of qualification. This is the paper showing you can act for the estate, and the county glossary says it is sometimes called letters of administration. In ordinary West Virginia usage, families and banks call it letters testamentary when there is a will and letters of administration when there is no will.
- Complete the appraisement and nonprobate inventory. The clerk gives you the West Virginia Estate Appraisement and Nonprobate Inventory Packet when you are appointed. 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 addressed by W. Va. Code § 11-11-7. The county publishes that filing the appraisement booklet is usually $11.00, as shown on its probate page last updated April 9, 2025, and says the fee can vary by page count.
- Watch for referral to a fiduciary commissioner. The Pocahontas County Clerk's guide does not publish a fiduciary supervisor, and it says an estate is referred to a fiduciary commissioner under the county's article 2 process if probate assets excluding real estate exceed $200,000.00 and the estate has more than one beneficiary or heir, under W. Va. Code § 44-2-1 and the fiduciary commissioner provisions in W. Va. Code § 44-3. A fiduciary commissioner's default fee is capped at $300 plus expenses under W. Va. Code § 44-2-1, current August 2026, unless the personal representative approves more or the county commission has adopted a W. Va. Code § 59-1-9 schedule.
- Let the notice period run. The clerk's office places the publication after the appraisement is filed, or within 120 days after qualification if no appraisement has been filed, and creditors have 60 days from first publication under W. Va. Code § 44-1-14a. Pocahontas County notices appear in the Pocahontas Times and are also indexed at West Virginia's public notice site.
- Close the estate using the county's two published article 2 options. A waiver of final settlement under W. Va. Code § 44-2-29 needs the signatures of all beneficiaries and heirs unless the beneficiary receives only tangible personal property or cash. A report of receipts and disbursements under W. Va. Code § 44-2 is signed by the personal representative and mailed to beneficiaries and heirs, who have 10 days to object.
- Wait for county commission approval before distributing. The county says that, after the settlement is filed, there is a 10 day holding period before it is presented to the Pocahontas County Commission for approval under W. Va. Code § 7-1-3. The county publishes that filing the closing settlement is usually $11.00, as shown on its probate page last updated April 9, 2025, and says the amount can vary. If the decedent owned real estate and estate funds are not enough to pay all creditors, the county says the estate cannot be finalized until all claims are released.
Forms and documents
Probate forms in Pocahontas 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 Pocahontas County Clerk's office says it gives you the packet when you qualify.
| Form | What it is used for | Link |
|---|---|---|
| Probate Brochure | County brochure covering qualification, the appraisement process, the final settlement process, and a glossary. Use the current web guide for payment details because the brochure is older. | Probate brochure |
| Appraisement Form | County download for the appraisement packet. The cover explains that it is for a personal representative appointed by the county clerk and that the completed forms return to the same office. | Appraisement form |
| Waiver For Appointment of Administrator/Executor | Notarized county waiver used when heirs are designating who should qualify, especially where there is no will and the family is within the first 30 days after death under W. Va. Code § 44-1-4. | Waiver form |
The clerk's office also links its forms page. The county's probate FAQ page was not used because it contains no body text.
Fees
West Virginia has no statewide probate filing fee. What you pay the Pocahontas County Clerk is a set of per-document recording charges under W. Va. Code § 59-1-10, current August 2026, including $10 for a document of five pages or fewer, $1 for each additional page, and $5 to administer the oath, plus a $20 fee for the clerk's published notice to creditors under W. Va. Code § 44-1-14a, current August 2026, and $10 to record and mail the article 2 closing settlement under W. Va. Code § 44-2-1, current August 2026, plus the cost of newspaper publication and any bond premium.
| Charge | Pocahontas County amount | What to know |
|---|---|---|
| Qualification | Normally $47.00, as published by the Pocahontas County Clerk on its probate page last updated April 9, 2025. | The county says this can vary and does not include any bond premium. |
| Appraisement booklet | Usually $11.00, as published by the Pocahontas County Clerk on its probate page last updated April 9, 2025. | The county says this can vary depending on the number of pages. |
| Closing settlement | Usually $11.00, as published by the Pocahontas County Clerk on its probate page last updated April 9, 2025. | The county says this can vary. |
| Bond premium | Not set by the county clerk. | The county says the premium is paid directly to the bonding company and depends on the bond amount. W. Va. Code § 44-1-8 controls when bond or surety may be excused. |
| Fiduciary commissioner | Default cap of $300 plus expenses under W. Va. Code § 44-2-1, current August 2026. | This applies if the estate is referred under the fiduciary commissioner provisions in W. Va. Code § 44-3, unless the personal representative approves more or the county commission has adopted a W. Va. Code § 59-1-9 schedule. |
The clerk's current probate page says the office can accept only cash or check. The older county brochure says cash, check, or credit card, so bring cash or a check and call (304) 799-4549 before traveling if you need another payment method. The clerk also offers card payment for county clerk document requests through West Virginia's payment portal, but that is not a way to file estate papers online.
Local nuance
Pocahontas County-specific considerations
| Local point | What it means in Pocahontas County |
|---|---|
| Article 2 pattern | The clerk's office does not publish a fiduciary supervisor under W. Va. Code § 44-3A. Its guide describes the county clerk keeping the estate file, the clerk placing the notice to creditors under W. Va. Code § 44-1-14a, and a fiduciary commissioner under W. Va. Code § 44-3 taking the estate only on referral. |
| Bond details | The county says an estate without a will requires bond based on personal property held solely in the decedent's name, excluding real estate, unless W. Va. Code § 44-1-8 excuses bond or surety. A property bond requires someone other than you who owns Pocahontas County real estate to come with you, and if that person lives in another county they need a Justification of Surety from their own county courthouse. An out-of-state resident must use an insurance bond for twice the amount, and the office says it can assist. |
| Heir waiver practice | If there is no will and the family is within 30 days from the death, the office asks for a notarized waiver from at least half of the heirs designating the person who should serve, alongside W. Va. Code § 44-1-4. The county publishes a free waiver form. |
| Payment practicalities | The current probate page says cash or check only for probate fees. The older brochure lists cash, check, or credit card. Bring cash or a check, and call the clerk before travel if you need another option. |
| Online tools | The Search Records link on the clerk's website opens the office's record index search of documents recorded with the county clerk. Its document types include wills, appraisements, and fiduciary settlements. It is an index of recorded documents, not a court case docket. The Tax Records link opens a property tax inquiry, and the Recording Fees link opens a fee calculator. |
| Published notices | The clerk's notices for opened estates run in the Pocahontas Times and are indexed at West Virginia public notices for Pocahontas County. The notice gives an estate number, a first publication date, and a creditor deadline under W. Va. Code § 44-1-14a. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Pocahontas County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start with the deed and beneficiary designations because property that passes outside the estate may not need a Pocahontas County filing. If an estate is needed, qualify at the clerk's counter in Marlinton, ask whether W. Va. Code § 44-1-8 affects bond or surety, and file the appraisement within 90 days under W. Va. Code § 44-1-14. The county warns that, if real estate is involved and estate funds are not enough to pay creditors, the estate cannot be finalized until claims are released under the notice process in W. Va. Code § 44-1-14a. | Sunset helps the spouse find accounts, debts, and beneficiary designations before qualification, so the appraisement and estate settlement plan are based on real information. |
| Out-of-state adult child w/ small estate | If the family is using the West Virginia affidavit route under W. Va. Code § 44-1A, ask the clerk what Pocahontas County paperwork is needed before traveling. If a personal representative must qualify and there is no will, the county says an out-of-state resident must use an insurance bond for twice the amount and that the office can assist. If it is within 30 days from the death under W. Va. Code § 44-1-4, the office asks for notarized waivers from at least half of the heirs. Mail can go to P.O. Box 209, but qualification happens through the clerk's office, so call (304) 799-4549 first. | Sunset gives the out-of-state family one estate settlement checklist and helps locate accounts before anyone books a drive to Marlinton. |
| Parent settling predeceased child's estate, home must be sold | Selling real property usually means a full administration and a certificate of qualification, with letters testamentary or letters of administration, for the title company. Qualify in Marlinton, file the appraisement within 90 days under W. Va. Code § 44-1-14, and let the creditor publication run under W. Va. Code § 44-1-14a. If probate assets other than real estate exceed $200,000.00 and there is more than one beneficiary or heir, the estate is referred under W. Va. Code § 44-2-1 to a fiduciary commissioner under W. Va. Code § 44-3. Closing is by waiver of final settlement under W. Va. Code § 44-2-29 or a report under W. Va. Code § 44-2, followed by the county's 10 day hold before Pocahontas County Commission approval under W. Va. Code § 7-1-3. | Sunset can assemble the asset and debt picture, generate the probate packet, and help the parent connect with a West Virginia probate attorney for the sale and any dispute. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Pocahontas County Clerk's office | The filing office for Pocahontas County estates. The office admits the will under W. Va. Code § 41-5-10, appoints the executor or administrator, issues the certificate of qualification with letters, supplies the appraisement packet under W. Va. Code § 44-1-14, publishes the notice to creditors under W. Va. Code § 44-1-14a, and records the closing settlement. The office says its staff are not attorneys and cannot give legal advice. | 900 Tenth Avenue, Suite C, Marlinton, WV 24954. Mail to P.O. Box 209, Marlinton, WV 24954-0209. (304) 799-4549. Fax (304) 799-6947. Probate guide |
| Pocahontas County Clerk probate guide and forms | Free county walkthrough of qualification, the appraisement, and closing, plus the probate brochure, appraisement form, and waiver for appointment of an administrator or executor. | Probate guide and county forms |
| Pocahontas County legal notices | The clerk publishes opened-estate notices with estate numbers, first publication dates, and creditor deadlines under W. Va. Code § 44-1-14a. This is a notice archive, not a court case docket. | Pocahontas public notices and Pocahontas Times |
| Legal Aid West Virginia | West Virginia's civil legal aid intake program for people who qualify. Call or apply online and ask whether it can help with your issue. | 866-255-4370. Apply for help |
| West Virginia State Bar Lawyer Referral Service | A State Bar public service for finding a lawyer by location and practice area. As published by the State Bar and confirmed August 2026, the initial consultation fee is no more than $25 for the first 30 minutes. | Lawyer Referral Service |
| Tuesday Legal Connect | A free West Virginia State Bar telephone hotline. Volunteer lawyers answer general legal questions every Tuesday from 6 p.m. to 8 p.m. They provide general legal information, not direct representation. | 1-800-642-3617. Tuesday Legal Connect |
| West Virginia Free Legal Answers | A free online service where an income-eligible West Virginian can post a civil legal question and receive an answer by email from a volunteer West Virginia attorney. The site says it cannot promise an answer before a deadline and that volunteers do not represent users in court. | West Virginia Free Legal Answers |
| West Virginia Senior Legal Aid | A nonprofit offering civil legal help to West Virginia seniors on a toll-free line. Call to ask whether it can help with your question. | (800) 229-5068. West Virginia Senior Legal Aid |
When to hire an attorney
Consider a West Virginia probate attorney if real property must be sold or retitled, heirs disagree, the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3, a creditor claim under W. Va. Code § 44-1-14a changes who receives property, someone may bring a will contest under W. Va. Code § 41-5-11, or the personal representative lives out of state and must arrange the Pocahontas County bond process under W. Va. Code § 44-1-8. Sunset connects families with a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investment accounts, insurance, retirement assets, debts, and other property before the appraisement is due. That makes estate settlement more organized and helps you avoid qualifying with only a partial picture.
Generate the probate packet. Sunset turns the information you provide into a practical probate packet for the county process, including the facts you need for the Pocahontas County Clerk's office and the West Virginia appraisement and nonprobate inventory.
Find a local probate attorney. If the estate involves a house sale, a will contest, a creditor dispute, a bond problem, or referral to a fiduciary commissioner, Sunset can help you connect with a West Virginia attorney who handles probate matters.
Sunset is free for families. Sunset gives families a single place to organize estate settlement, understand the next step, and decide when local legal help is worth it.
Frequently asked questions
Where do I file probate in Pocahontas County, West Virginia?
File with the Pocahontas County Clerk's office at the Pocahontas County Courthouse, 900 Tenth Avenue, Suite C, Marlinton, WV 24954, or mail papers to P.O. Box 209, Marlinton, WV 24954-0209. The Pocahontas County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and the clerk admits the will under W. Va. Code § 41-5-10 and handles routine estate filings.
How much does it cost to open an estate in Pocahontas County?
West Virginia has no statewide probate filing fee under W. Va. Code § 59-1-10. The Pocahontas County Clerk's office publishes a qualification fee that is normally $47.00, as shown on its probate page last updated April 9, 2025, and says it can vary and does not include the bond premium. The office also publishes that filing the appraisement is usually $11.00 and filing the closing settlement is usually $11.00, each as shown on the same April 9, 2025 page and each subject to variation.
How do I pay the Pocahontas County Clerk?
The office's current probate page says it can accept only cash or check for the fees due when you open an estate. The older printed brochure says cash, check, or credit card, so confirm by calling (304) 799-4549 before you travel. The clerk separately offers card payment through West Virginia's payment portal for county clerk document requests, not for filing an estate online.
Do I need a bond in Pocahontas County if I live out of state?
The county says that, with no will, the personal representative is bonded for the approximate value of personal property held solely in the decedent's name, excluding real estate, unless W. Va. Code § 44-1-8 affects bond or surety. You may buy a bond from a bonding company or use a property bond. A property bond requires someone other than you who owns Pocahontas County real estate to come with you, and if that person lives in another county they need a Justification of Surety from their own county courthouse. An out-of-state resident must use an insurance bond for twice the amount, and the office says it can assist.
Are there Pocahontas County probate forms?
Yes. The clerk publishes a probate brochure, an appraisement form, and a waiver for appointment of an administrator or executor. 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 office says it gives you the packet when you qualify.
Can I e-file a Pocahontas County estate?
No. West Virginia has no e-filing for probate, and routine estate papers are filed on paper with the Pocahontas County Clerk. The Judiciary's e-filing systems cover the Supreme Court, the Intermediate Court, and the circuit and family courts, not routine county clerk estate filings. The original will must reach the clerk as an original.
Can I look up a Pocahontas County estate online?
There is no court case docket for a routine estate. Estate records are county commission records held by the Pocahontas County Clerk in Marlinton under W. Va. Code § 7-1-3. The Search Records link on the clerk's website opens the office's record index search for documents recorded with the county clerk, and its document types include wills, appraisements, and fiduciary settlements. It is an index of recorded documents rather than a case docket, so ask the office what years and documents it covers. The Tax Records link opens a county property tax inquiry, and the Recording Fees link opens a fee calculator. WVPASS searches circuit court records back to 1999 and does not contain estate files. The clerk's published notices for opened estates also appear in the Pocahontas Times and at wvlegals.com.
Is there a hearing, and do I have to go to Marlinton?
Most Pocahontas County estates are handled at the counter and never require a hearing. Qualification is handled through the clerk's office, while the appraisement and closing settlement can be mailed to P.O. Box 209. If the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3 or someone files an objection, a hearing may be scheduled before the commissioner or the Pocahontas County Commission under W. Va. Code § 7-1-3. Ask the Pocahontas County Clerk's office whether phone or video participation is available.
How long do creditors have to make a claim in Pocahontas County?
The clerk's office places the publication after the appraisement is filed, or within 120 days of qualification if no appraisement has been filed. Creditors then have 60 days from the date of first publication under W. Va. Code § 44-1-14a. The published notice states the claim deadline as a calendar date.
What proves I can act for the estate, and how do I close it?
The clerk gives you a certificate of qualification, with letters testamentary when there is a will or letters of administration when there is no will. The county glossary says the certificate shows you have qualified as executor or administrator and have authority to act for the estate. To close, Pocahontas County publishes two article 2 options: a waiver of final settlement under W. Va. Code § 44-2-29, signed by the beneficiaries and heirs unless a beneficiary receives only tangible personal property or cash, or a report of receipts and disbursements under W. Va. Code § 44-2, signed by the personal representative and mailed to beneficiaries and heirs for a 10 day objection period. The county publishes that filing the closing settlement is usually $11.00, as shown on its probate page last updated April 9, 2025, and says the amount can vary. After filing, there is a 10 day hold before Pocahontas County Commission approval under W. Va. Code § 7-1-3, and a copy is mailed when approved.
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.