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Summers County, WV Probate Information
Quick facts
| Item | Summers County information |
|---|---|
| Probate authority | Summers County Commission, with probate jurisdiction under W. Va. Code § 7-1-3. The Summers County Clerk's office handles filings for wills and estates. |
| Where to file | Summers County Clerk's office, 120 Ballengee Street, Suite 106, Hinton, WV 25951. |
| Mailing | No separate mailing address is posted for the fiduciary supervisor function. Use the clerk's office contact information and ask before mailing original estate papers. |
| Phone | (304) 466-7104. |
| Fax | (304) 466-7146. |
| [email protected], a general county clerk mailbox. | |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. No lunch closure or filing cutoff is posted. |
| Fees to ask about | No single statewide filing fee applies under W. Va. Code § 59-1-10. Summers County uses the fiduciary supervisor system under W. Va. Code § 44-3A, so the article 3A qualification-fee cap may apply under W. Va. Code § 44-3A-42(a), effective July 1, 2023. The county's online Forms page lists a recording-fee resource, but that file did not open in a readable format. |
| Forms and packets | The county's Forms page lists an Estates and Probate resource. The file did not open in a readable format, so call (304) 466-7104 before relying on the online list. |
| Online filing | No online probate filing is available. Estate papers are filed on paper with the Summers County Clerk. |
| Record lookup | The Summers County homepage links an online document tool whose document types include Estates. It is a county clerk document index, not a court docket. Ask the office what years and document types it covers. |
| Phone/video hearings | No local phone or video policy is posted. If the fiduciary supervisor under W. Va. Code § 44-3A, a fiduciary commissioner under W. Va. Code § 44-3, or the Summers County Commission under W. Va. Code § 7-1-3 schedules a hearing, ask the county clerk's office how participation is handled. |
| Website | Summers County Clerk |
Before you begin — know the assets and liabilities
Before you file anything in Summers County, make a working list of the decedent's assets, debts, account ownership, beneficiary designations, vehicles, and any real estate. West Virginia's appraisement, Form ET 6.01, is tied to W. Va. Code § 44-1-14, and the nonprobate inventory, Form ET 6.02, is tied to W. Va. Code § 11-11-7, so the estate settlement work starts with knowing what exists.
Sunset's 2,300-institution asset discovery can help you find accounts before you go to the Summers County Clerk's office in Hinton. That is especially useful in a West Virginia estate settlement because missing an account can change which paperwork, bond under W. Va. Code § 44-1-8, and fiduciary supervisor steps apply.
Which court handles jurisdiction
File in Summers County if the decedent's West Virginia probate filing belongs there. W. Va. Code § 41-5-4 places the will in the county where the person lived at death, and W. Va. Code § 44-1-4 puts an intestate estate in the same county. If the decedent lived in Summers County, you file with the Summers County Clerk at the courthouse in Hinton.
West Virginia probate is handled through the Summers County Commission under W. Va. Code § 7-1-3, not through a routine court case. The clerk admits the will under W. Va. Code § 41-5-10, appoints the executor or administrator, and the action is reported to the Summers County Commission. A will contest is filed in the Circuit Court of Summers County under W. Va. Code § 41-5-11, and an appeal from a final county commission order follows W. Va. Code § 58-3-1.
The jurisdiction process
- Decide whether you are using full administration or the W. Va. Code § 44-1A small-estate affidavit. Since July 9, 2025, the W. Va. Code § 44-1A route is not available if the decedent owned probate real estate, and the personal-property limit is $50,000 under W. Va. Code § 44-1A-1 and § 44-1A-2.
- Gather the original will, if there is one, the death certificate, asset information, names and addresses of heirs or beneficiaries, and any documents needed for bond under W. Va. Code § 44-1-8.
- Contact the Summers County Clerk's office at (304) 466-7104 or go to 120 Ballengee Street, Suite 106, Hinton. The county clerk page says wills and estates are filed with the Fiduciary Supervisor, so Summers County uses the article 3A process under W. Va. Code § 44-3A.
- At qualification, the county clerk records the will if needed, administers the oath, and issues the certificate of qualification, the document banks often call letters testamentary or letters of administration.
- Pay the charges the office gives you for recording, oath, copies, and article 3A fiduciary supervisor fees. There is no single statewide filing fee under W. Va. Code § 59-1-10, and Summers County's posted fee document did not open in a readable format.
- After qualification, prepare and file the appraisement, Form ET 6.01, within 90 days under W. Va. Code § 44-1-14, and prepare the nonprobate inventory, Form ET 6.02, under W. Va. Code § 11-11-7.
- The fiduciary supervisor handles the notice process in an article 3A estate under W. Va. Code § 44-3A. Creditors receive the claim period described in W. Va. Code § 44-1-14a or the article 3A notice process, depending on the filing route.
- If an objection is filed or the estate is referred, a fiduciary commissioner under W. Va. Code § 44-3 or the fiduciary supervisor under W. Va. Code § 44-3A may hold a hearing. Ask the Summers County Clerk's office whether phone or video participation is possible.
- Collect assets, pay allowed claims and expenses, keep receipts, and distribute the estate according to the will or West Virginia law.
- Close the article 3A estate through the fiduciary supervisor. A short form settlement under W. Va. Code § 44-3A-4a or a long form settlement under W. Va. Code § 44-3A-19 may be used when the facts fit.
Forms and documents
Probate forms in Summers County
West Virginia does not publish one statewide numbered probate form set. The appraisement, Form ET 6.01, is used under W. Va. Code § 44-1-14, and the nonprobate inventory, Form ET 6.02, is used under W. Va. Code § 11-11-7. The W. Va. Code § 44-1A small-estate affidavit is set by W. Va. Code § 44-1A-2, and the original will, if any, is attached for that route.
The Summers County Forms page lists an Estates and Probate resource, plus resources titled Recording Fees and County Clerks Records On-Line Access. Those files did not open in a readable format, so use the Forms page as a starting point and call the clerk at (304) 466-7104 before relying on any online packet or fee sheet.
If you need authority for a bank, broker, transfer agent, or title company, ask for certified copies of the certificate of qualification, often called letters testamentary or letters of administration. That is different from the W. Va. Code § 44-1A-2 certificate and authorization used by an authorized successor in a small-estate filing.
Fees
There is no single statewide filing fee under W. Va. Code § 59-1-10. In Summers County, ask the clerk for the current total before you file because the county's online recording-fee resource did not open in a readable format.
Because Summers County files wills and estates with a Fiduciary Supervisor under W. Va. Code § 44-3A, the county commission may authorize an article 3A qualification fee capped by W. Va. Code § 44-3A-42(a). The statutory cap is $25 for gross assets of $10,000 or less, $100 for gross assets over $10,000 and up to $50,000, and $175 for gross assets over $50,000, effective July 1, 2023. This article 3A fee schedule is separate from the July 9, 2025 small-estate real-property change in W. Va. Code § 44-1A-2.
If an article 3A estate is referred to a fiduciary commissioner under W. Va. Code § 44-3A, that cost is handled through the estate. Do not assume the article 2 fiduciary-commissioner cap in W. Va. Code § 44-2-1 applies in Summers County.
Local nuance
Summers County-specific considerations
Summers County is one of the West Virginia counties whose own clerk page says wills and estates are filed with a Fiduciary Supervisor. That means the local filing should be understood as an article 3A process under W. Va. Code § 44-3A, rather than the clerk-only article 2 pattern used in some other counties.
The article 3A referral threshold in W. Va. Code § 44-3A-5 is $100,000 of assets subject to administration, excluding real property unless the will requires its administration. That threshold is separate from the July 9, 2025 small-estate real-property change in W. Va. Code § 44-1A-2.
Summers County also links an online document index from its homepage, and the document-type list includes Estates. Treat it as a county clerk document index, not as a court case docket, and ask the clerk what dates and estate document types it includes.
Recent updates
Scenarios
| Situation | Likely Summers County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and beneficiary designations. Jointly held or beneficiary-designated property may pass outside the estate, but any Summers County estate filing is handled at the clerk's office in Hinton. If full administration is needed, the fiduciary supervisor process under W. Va. Code § 44-3A applies, and the appraisement is due within 90 days under W. Va. Code § 44-1-14. | Sunset helps find accounts, organize ownership and beneficiary information, and prepare an estate settlement plan before the clerk visit. |
| Out-of-state adult child with a small estate | Call (304) 466-7104 before traveling. The W. Va. Code § 44-1A small-estate route can be used only when the statutory requirements fit, including the $50,000 personal-property limit in W. Va. Code § 44-1A-1 and § 44-1A-2, effective with the July 9, 2025 real-property exclusion. If full administration is needed, ask what bond or surety the office will require under W. Va. Code § 44-1-8. | Sunset helps identify accounts and values so you can see whether a W. Va. Code § 44-1A small-estate filing is realistic before making the trip to Hinton. |
| Parent settling a predeceased child's estate, home must be sold | A sale of probate real estate usually requires full administration and a certificate of qualification, commonly called letters testamentary or letters of administration. Summers County files wills and estates with the Fiduciary Supervisor under W. Va. Code § 44-3A, so the title company may want certified copies and evidence that the estate is being administered through the local process. | Sunset helps collect asset information, create the estate settlement packet, and connect you with a local attorney if real estate, title, or family issues make counsel important. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Legal Aid West Virginia | Civil legal aid intake for people who qualify. | Apply online or call 866-255-4370. |
| West Virginia State Bar Lawyer Referral Service | Helps find a lawyer by location and practice area. | wvlawyerreferral.org |
| Tuesday Legal Connect | Free State Bar telephone hotline with volunteer lawyers, Tuesdays from 6 to 8 p.m., for general information. | 1-800-642-3617 or hotline details |
| West Virginia Free Legal Answers | Online Q and A for income-eligible West Virginians, answered by volunteer attorneys by email. | wv.freelegalanswers.org |
| West Virginia Senior Legal Aid | Nonprofit civil legal help for West Virginia seniors. | seniorlegalaid.org or (800) 229-5068. |
When to hire an attorney
You may want a lawyer if the family disagrees, the will may be challenged under W. Va. Code § 41-5-11, the estate has real property to sell, bond under W. Va. Code § 44-1-8 is hard to arrange, a creditor issue arises under W. Va. Code § 44-1-14a, or the fiduciary supervisor under W. Va. Code § 44-3A refers the matter for a hearing. Sunset connects you to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investments, insurance, retirement accounts, vehicles, real estate clues, and debts so the Summers County estate settlement starts with a complete picture.
Generate the probate packet. Sunset turns the information you provide into an organized packet for the Summers County Clerk's office, including asset 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 real estate, a contested will under W. Va. Code § 41-5-11, creditor issues under W. Va. Code § 44-1-14a, or questions about the fiduciary supervisor process under W. Va. Code § 44-3A, Sunset can connect the family with a vetted local attorney.
Sunset is free for families. Families can use Sunset to organize the estate settlement, prepare for the Hinton filing counter, and understand next steps without paying Sunset.
Frequently asked questions
Where do I file probate papers in Summers County?
File with the Summers County Clerk's office at 120 Ballengee Street, Suite 106, Hinton, WV 25951. W. Va. Code § 41-5-4 places the filing where the person lived at death, and W. Va. Code § 44-1-4 uses the same place for an intestate estate.
Does Summers County have a fiduciary supervisor?
Yes. The Summers County Clerk's page says to file wills and estates with the Fiduciary Supervisor, so the local process uses article 3A under W. Va. Code § 44-3A. The county does not post a separate fiduciary supervisor address or phone number, so use the clerk's office contact information.
Can I file a Summers County estate online?
No online probate filing is available through the West Virginia court e-filing systems. Estate papers are filed on paper with the Summers County Clerk, because routine West Virginia estate filings are county clerk filings, not circuit court filings.
Can I look up a Summers County estate online?
The Summers County homepage links an online county clerk document index whose document types include Estates. It is not WVPASS. WVPASS is a circuit court search and does not contain the county clerk estate file, although a separate will contest in circuit court under W. Va. Code § 41-5-11 may appear there.
Does Summers County publish local probate forms?
The county Forms page lists an Estates and Probate resource, but the file did not open in a readable format. Call (304) 466-7104 before relying on an online packet. Statewide documents may still be required, including the appraisement under W. Va. Code § 44-1-14, the nonprobate inventory under W. Va. Code § 11-11-7, and any W. Va. Code § 44-1A small-estate affidavit that fits the estate.
What does it cost to open an estate in Summers County?
There is no single statewide filing fee under W. Va. Code § 59-1-10, and Summers County's fee resource did not open in a readable format. Because Summers County uses the fiduciary supervisor process under W. Va. Code § 44-3A, ask the clerk whether the article 3A qualification fee under W. Va. Code § 44-3A-42(a), effective July 1, 2023, applies to your estate.
Will there be a hearing in Summers County?
Most routine Summers County estates are handled at the clerk's counter and by the fiduciary supervisor under W. Va. Code § 44-3A. If an objection is filed, a fiduciary commissioner under W. Va. Code § 44-3 may become involved, or the Summers County Commission under W. Va. Code § 7-1-3 may need to act.
Can I handle a Summers County estate without traveling to Hinton?
Call the Summers County Clerk's office before you travel. No local phone or video policy is posted, and original papers may be needed. If bond or surety under W. Va. Code § 44-1-8 is an issue, ask the clerk what the office will require before you make plans.
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.