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Preston County, WV Probate Information
Quick facts
| Item | Preston County information |
|---|---|
| Probate authority | Preston County Commission under W. Va. Code § 7-1-3, with day-to-day filings handled by the Preston County Clerk's office and a fiduciary supervisor under W. Va. Code § 44-3A. |
| Filing office | Preston County Clerk's office, 106 W. Main Street, Suite 103, Kingwood, WV 26537. |
| Mailing | No separate P.O. box is published for probate filings. Use 106 W. Main Street, Suite 103, Kingwood, WV 26537. |
| Phone | General appointment line: 304-329-0070. Fiduciary supervisor under W. Va. Code § 44-3A direct line: 304-329-7416. |
| Fax | 304-329-0198. |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. |
| Appointments | Required for both estates with a will and estates without a will. The clerk's page says to call 304-329-0070 for an appointment. |
| Cost to start | West Virginia has no statewide probate filing fee under W. Va. Code § 59-1-10. Preston publishes a will-based recording-fee range of $45.00 to $65.00, depending on the will length and number of appointment letters, as published on the clerk's probate page last modified August 30, 2026. Because Preston publishes a fiduciary supervisor under W. Va. Code § 44-3A, the graduated qualification fee in W. Va. Code § 44-3A-42 may also apply, not to exceed $25 for gross assets of $10,000 or less, $100 for gross assets over $10,000 and up to $50,000, and $175 above $50,000, effective July 1, 2023. |
| Forms published | The Preston County Clerk publishes estate forms online, including the appraisement under W. Va. Code § 44-1-14, the nonprobate inventory under W. Va. Code § 11-11-7, creditor forms under W. Va. Code § 44-1-14a, a waiver of final settlement under W. Va. Code § 44-2-29, and related administration forms. |
| Electronic filing | West Virginia has no probate e-filing with the county clerk. Estate papers are filed on paper with the Preston County Clerk. |
| Document lookup | The Preston County Clerk publishes a Document Inquiry search for documents recorded with the office. Ask the clerk whether it includes estate materials and what years it covers. WVPASS is a circuit court search and does not contain routine estate files. |
| Phone or video participation | Most Preston County estates are handled by appointment with the county clerk. If an objection or referral creates a hearing, ask the county clerk whether phone or video participation is available. |
| Website | Preston County Clerk probate and estate administration |
Before you begin — know the assets and liabilities
Before you call for the Preston County appointment, make a practical list of the decedent's assets, debts, titled property, accounts, beneficiaries, heirs, and any will. Sunset's 2,300-institution asset discovery can help identify accounts and policies before the Preston County Clerk asks you to complete the appraisement under W. Va. Code § 44-1-14 and the nonprobate inventory under W. Va. Code § 11-11-7.
Estate settlement in Preston County is easier when you know whether each asset was owned solely by the decedent, jointly owned, payable to a beneficiary, or tied to real estate. That inventory affects the appointment, any bond under W. Va. Code § 44-1-8, and which Preston County forms you should bring to Kingwood.
Which court handles jurisdiction
Preston County filings are handled at the Preston County Clerk's office in Kingwood for estates that belong in Preston County. W. Va. Code § 41-5-4 places a will in 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 county commission under W. Va. Code § 7-1-3.
The clerk admits the will under W. Va. Code § 41-5-10 and appoints the executor or administrator at the Kingwood office. A will contest under W. Va. Code § 41-5-11 or an appeal under W. Va. Code § 58-3-1 belongs in Circuit Court, not in the routine county-clerk estate file.
The jurisdiction process
- Call 304-329-0070 before going to Kingwood. Preston County requires appointments for both estates with a will and estates without a will, and the clerk's page warns that more than one visit may be needed if a will requires extra paperwork.
- Bring the original will if there is one, the death information the clerk requests, a list of probate assets and debts, and the names and addresses of interested people. If the estate might qualify for the W. Va. Code § 44-1A small-estate affidavit, confirm that the decedent owned no probate real estate after the July 9, 2025 change to W. Va. Code § 44-1A-2 and that probate personal property is within the $50,000 limit in W. Va. Code § 44-1A-1(b)(4).
- File at the Preston County Clerk's office, 106 W. Main Street, Suite 103, Kingwood, WV 26537. The Preston County Commission has probate jurisdiction under W. Va. Code § 7-1-3, and the clerk handles the appointment at the counter under W. Va. Code § 41-5-10 and W. Va. Code § 44-1-4.
- Pay the county charges the clerk quotes at the appointment. Preston publishes a will-based recording-fee range of $45.00 to $65.00, depending on the will length and number of appointment letters, as published on the clerk's probate page last modified August 30, 2026. West Virginia also uses per-document charges under W. Va. Code § 59-1-10 and, in counties with a fiduciary supervisor under W. Va. Code § 44-3A, a graduated W. Va. Code § 44-3A-42 qualification fee that is capped at $25, $100, or $175 by gross assets and became effective July 1, 2023.
- Address bond before appointment if required. Under W. Va. Code § 44-1-8, a will may direct that no bond be required unless the commission later requires one after a hearing. Preston's page says that if the will does not allow the executor to serve without bond, a surety bond is required before probate can begin. For an intestate estate under W. Va. Code § 44-1-4, Preston says the administrator must be bonded before appointment and may arrange a surety company bond or have a Preston County real-estate owner accompany the administrator to encumber property.
- After qualification, complete the appraisement under W. Va. Code § 44-1-14 and the nonprobate inventory under W. Va. Code § 11-11-7. These forms are central to estate settlement because they show what is in the probate estate and what passes outside it.
- The required notice to creditors and publication process runs under W. Va. Code § 44-1-14a. In a Preston County fiduciary-supervisor matter under W. Va. Code § 44-3A, the supervisor's office may be involved in the administration path. Ask the office how it wants notices, claims, and later settlement papers handled in your file.
- Most Preston County estates do not require a hearing. If a W. Va. Code § 44-3 fiduciary commissioner referral, objection, or dispute creates a hearing, ask the Preston County Clerk's office whether phone or video participation is available.
- When you are appointed, the clerk issues a certificate of qualification, often called letters testamentary when there is a will or letters of administration when there is no will. Certified copies are what banks, brokerages, and transfer agents usually ask to see.
- Administer the estate, pay valid claims, distribute property, and close using the settlement papers the Preston County office requires. Preston publishes forms titled Waiver of Final Settlement under W. Va. Code § 44-2-29 and Report of Receipts, Disbursements and Distribution, but its page also publishes a fiduciary supervisor under W. Va. Code § 44-3A, so ask the office which closing paper applies to your file.
Executor duties
Preston County's strongest local instruction is about bond under W. Va. Code § 44-1-8. If the will does not say the executor may serve without bond, Preston says a surety bond is required before probate can begin and tells the family to call the County Clerk's office for help scheduling the appointment.
For an intestate administration under W. Va. Code § 44-1-4, Preston tells the proposed administrator to first determine the value of personal property owned solely by the decedent, because that value determines the bond amount under W. Va. Code § 44-1-8. Preston also says the person providing the bond must accompany the administrator on the appointment day if a Preston County real-estate owner is encumbering property.
Forms and documents
Probate forms in Preston County
The Preston County Clerk publishes probate forms online and warns that they are basic forms, so your situation may require a different version. Bring or request the version the clerk wants at your appointment.
| Form | Use in Preston County |
|---|---|
| Estate appraisement under W. Va. Code § 44-1-14 and nonprobate inventory under W. Va. Code § 11-11-7 | Used to list probate property and nonprobate property after appointment. |
| Creditor claim form under W. Va. Code § 44-1-14a | Used by a creditor to file a claim in an estate. |
| Claim release form under W. Va. Code § 44-1-14a | Used when a filed claim has been resolved or released. |
| Waiver of final settlement under W. Va. Code § 44-2-29 | Published by Preston County as a closing form. Because Preston also publishes a fiduciary supervisor under W. Va. Code § 44-3A, ask the office whether this is the right closing paper for your estate. |
| Report of receipts, disbursements and distribution | Published by Preston County for accounting and distribution information. |
| Nomination and waiver for appointment of administrator under W. Va. Code § 44-1-4 | Used when family members nominate or waive in favor of an administrator in an intestate estate. |
Fees
West Virginia has no statewide probate filing fee. What you pay the Preston County Clerk is a set of per-document recording charges under W. Va. Code § 59-1-10, plus any required notice to creditors charge under W. Va. Code § 44-1-14a, newspaper publication cost, bond premium under W. Va. Code § 44-1-8, and settlement charges the Preston office applies.
| Charge | Preston County detail |
|---|---|
| Will-based recording fees | Preston publishes a range of $45.00 to $65.00 for recording fees, depending on the length of the will and the number of appointment letters issued, as published on the Preston County Clerk probate page last modified August 30, 2026. |
| Intestate appointment cost | Preston does not publish a separate dollar figure for an intestate estate under W. Va. Code § 44-1-4. Ask for the current amount when you call for the required appointment. |
| Fiduciary supervisor qualification fee | Preston publishes a fiduciary supervisor under W. Va. Code § 44-3A. W. Va. Code § 44-3A-42 caps the graduated qualification fee at $25 for gross assets of $10,000 or less, $100 for gross assets over $10,000 and up to $50,000, and $175 above $50,000, effective July 1, 2023. Preston's page does not explain how that fee is reconciled with its $45.00 to $65.00 will-based recording-fee range. |
| Bond cost | Bond, when required under W. Va. Code § 44-1-8, is arranged through a surety company or by encumbering Preston County real estate under the local practice Preston publishes. The county page does not publish a bond premium. |
Local nuance
Preston County-specific considerations
Preston County publishes a fiduciary supervisor under W. Va. Code § 44-3A, so it should not be treated like a clerk-only county. At the same time, Preston's own forms page publishes closing forms titled Waiver of Final Settlement under W. Va. Code § 44-2-29 and Report of Receipts, Disbursements and Distribution, rather than using only the W. Va. Code § 44-3A settlement labels. The safest practical step is to use the Preston forms the office gives you and ask which closing paper applies to your file.
Preston also gives unusually concrete bond instructions under W. Va. Code § 44-1-8. If the will does not waive bond, the office says a surety bond is required before probate can begin. For an intestate estate under W. Va. Code § 44-1-4, the office says to determine the value of solely owned personal property first, then arrange either a surety company bond or a Preston County real-estate owner who will appear with you at the appointment.
Recent updates
| Date | Update |
|---|---|
| August 30, 2026 | The Preston County Clerk probate and estate administration page was last modified and continues to publish the appointment requirement, fiduciary supervisor under W. Va. Code § 44-3A, direct fiduciary-supervisor phone line, forms, and will-based $45.00 to $65.00 recording-fee range. |
Scenarios
| Situation | Likely Preston County path | Sunset support |
|---|---|---|
| Surviving spouse with a co-owned home | Call 304-329-0070 for an appointment before going to Kingwood. If the home passed outside the probate estate, the Preston filing may focus on solely owned accounts and personal property. If an appointment is needed, ask about the appraisement under W. Va. Code § 44-1-14 and the nonprobate inventory under W. Va. Code § 11-11-7. | Sunset helps identify accounts, insurance, and titled assets before the appointment so the spouse can separate probate property from nonprobate property. |
| Out-of-state adult child with a small estate | Ask the Preston County Clerk whether the W. Va. Code § 44-1A small-estate affidavit is available. Since July 9, 2025, W. Va. Code § 44-1A-2 excludes any estate with probate real estate, and W. Va. Code § 44-1A-1(b)(4) uses a $50,000 personal-property limit. If full administration is required, Preston's bond instructions under W. Va. Code § 44-1-8 matter before travel. | Sunset helps build the asset list and can help the child decide what to ask the clerk before scheduling travel to Kingwood. |
| Parent settling a predeceased child's estate, home must be sold | Because a probate home sale usually means full administration rather than the W. Va. Code § 44-1A small-estate affidavit after July 9, 2025, call Preston County for an appointment and ask about appointment, bond under W. Va. Code § 44-1-8, appraisement under W. Va. Code § 44-1-14, and the fiduciary supervisor under W. Va. Code § 44-3A. | Sunset helps locate accounts, debts, and ownership information, then connects the family with a local attorney if a sale, title issue, or dispute needs legal help. |
Self-help resources
| Resource | How it helps |
|---|---|
| Preston County Clerk probate and estate administration | Publishes the Kingwood address, hours, appointment instruction, general phone, fiduciary supervisor under W. Va. Code § 44-3A phone, bond guidance under W. Va. Code § 44-1-8, and Preston probate forms. |
| Preston County Clerk Document Inquiry | Links to the county clerk document search. Ask the clerk whether it includes estate materials and what years it covers. |
| West Virginia Judiciary record access | Explains WVPASS for circuit court records. It can matter if a will contest under W. Va. Code § 41-5-11 is filed in Circuit Court, but it is not the routine estate file. |
| West Virginia Judiciary electronic filing information | Lists court e-filing systems. Routine estate papers are filed on paper with the county clerk, not through the Judiciary e-filing systems. |
When to hire an attorney
A lawyer is most useful in Preston County when there is a will contest under W. Va. Code § 41-5-11, an appeal under W. Va. Code § 58-3-1, a home sale, a title problem, a disputed creditor claim under W. Va. Code § 44-1-14a, uncertainty about bond under W. Va. Code § 44-1-8, or disagreement about who should serve as personal representative. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investment accounts, insurance policies, retirement accounts, real estate clues, and debts before the Preston County appointment, so the appraisement under W. Va. Code § 44-1-14 and nonprobate inventory under W. Va. Code § 11-11-7 are easier to complete.
Generate the probate packet. Sunset organizes the information needed for estate settlement and helps prepare a county-ready packet for the Preston County Clerk's office, including asset lists, family information, and questions to bring to the appointment.
Find a local probate attorney. If the estate involves a dispute, a home sale, a will contest under W. Va. Code § 41-5-11, or a question the clerk cannot answer, Sunset can connect the family with a vetted West Virginia probate attorney.
Sunset is free for families. Families can use Sunset to understand what the decedent owned, what needs to be filed, and what questions to ask the Preston County Clerk without paying Sunset.
Frequently asked questions
Where do I file probate in Preston County?
File with the Preston County Clerk's office at 106 W. Main Street, Suite 103, Kingwood, WV 26537. The Preston County Commission has probate jurisdiction under W. Va. Code § 7-1-3, and the clerk handles the counter appointment under W. Va. Code § 41-5-10 and W. Va. Code § 44-1-4.
Do I need an appointment for a Preston County estate?
Yes. Preston County says to call 304-329-0070 for an appointment for both estates with a will and estates without a will. The page also says more than one visit may be needed if a will requires additional paperwork.
Does Preston County have a fiduciary supervisor?
Yes. The Preston County Clerk's page publishes a fiduciary supervisor under W. Va. Code § 44-3A and lists 304-329-7416 as the direct phone line. Do not assume the closing forms will match another county's process, because Preston publishes its own form list.
Can I e-file a Preston County probate matter?
No probate e-filing is published for the county clerk. West Virginia Judiciary e-filing covers appellate, circuit, and family court systems, while routine estate papers are filed on paper with the Preston County Clerk.
Can I look up a Preston County estate online?
The Preston County Clerk publishes a Document Inquiry search for documents recorded with the office. Ask the county clerk whether the index includes estate materials such as wills, appraisements, or settlements, and what years it covers. WVPASS is a circuit court search and does not contain routine estate files.
What forms does the Preston County Clerk publish?
Preston publishes the estate appraisement under W. Va. Code § 44-1-14 and nonprobate inventory under W. Va. Code § 11-11-7, creditor forms under W. Va. Code § 44-1-14a, a waiver of final settlement under W. Va. Code § 44-2-29, a report of receipts, disbursements and distribution, and a nomination and waiver for appointment of administrator under W. Va. Code § 44-1-4.
How much does it cost to start probate in Preston County?
West Virginia has no statewide probate filing fee under W. Va. Code § 59-1-10. Preston publishes a will-based recording-fee range of $45.00 to $65.00, depending on the length of the will and the number of appointment letters, as published on the clerk's probate page last modified August 30, 2026. Because Preston publishes a fiduciary supervisor under W. Va. Code § 44-3A, W. Va. Code § 44-3A-42 may also apply with a graduated qualification fee capped at $25, $100, or $175 by gross assets, effective July 1, 2023.
Do I have to travel to Kingwood to handle the estate?
Preston County requires an appointment with the county clerk for qualification. If you live outside West Virginia, call 304-329-0070 first to ask what must be brought in person, what can be prepared before travel, and how any bond under W. Va. Code § 44-1-8 should be arranged.
Can I use the West Virginia small-estate affidavit in Preston County if there is a house?
No, not if the house is probate real estate. The W. Va. Code § 44-1A small-estate affidavit is not available for an estate with probate real property after the July 9, 2025 amendment to W. Va. Code § 44-1A-2. The personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4).
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.