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Tucker County, WV Probate Information
Quick facts
| Item | Details |
|---|---|
| Probate authority | Tucker County Commission, with routine filings handled by the Tucker County Clerk's office under W. Va. Code § 7-1-3 and W. Va. Code § 41-5-10. |
| Office | Tucker County Clerk's office |
| Courthouse address | 211 First Street, Suite 205, Parsons, WV 26287 |
| Mailing | The Tucker County Clerk's website does not publish a separate mailing address. Call before mailing original estate papers. |
| Phone | 304.478.2414, extension 201 |
| Fax | 304.478.2217 |
| [email protected] | |
| Hours | Office listing: Monday through Friday, 8:30 a.m. to 4:30 p.m. Call first because the Tucker County Clerk's website does not display current hours. |
| Charges | West Virginia has no single statewide probate filing fee under W. Va. Code § 59-1-10. Tucker County does not publish a local probate fee schedule online. |
| County forms | The Tucker County Clerk's website lists an estate-administration topic but does not currently publish a downloadable document under it. Expect the clerk to provide the appraisement and nonprobate inventory materials tied to W. Va. Code § 44-1-14 and W. Va. Code § 11-11-7. |
| Online lookup | There is no statewide online search for West Virginia estate files. The Judiciary's WVPASS system searches circuit court materials and does not contain routine estate files. Ask the Tucker County Clerk's office whether it offers a current online index. |
| Electronic filing | West Virginia has no probate e-filing. Estate papers are filed on paper with the Tucker County Clerk. |
| Phone or video participation | No Tucker County probate phone or video policy is published. Ask the Tucker County Clerk's office when you file. |
| Website | https://tuckercountycommission.com/county-clerk |
Before you begin — know the assets and liabilities
Before you contact the Tucker County Clerk, make a working list of the person's assets, debts, accounts, real estate, vehicles and beneficiary designations. That list drives estate settlement in West Virginia because the appraisement under W. Va. Code § 44-1-14 and the nonprobate inventory under W. Va. Code § 11-11-7 are due after a personal representative qualifies.
Sunset's asset discovery searches more than 2,300 institutions to help families find accounts, policies and property before they file. In Tucker County, that preparation can make the clerk-counter appointment in Parsons faster and reduce the chance that estate settlement stalls because an account or debt was missed.
Which court handles jurisdiction
This page covers estates that belong in Tucker County, West Virginia. 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 Tucker County, file with the Tucker County Clerk at 211 First Street, Suite 205, in Parsons. No Tucker County branch probate office is published.
A will contest goes to the Circuit Court of Tucker County under W. Va. Code § 41-5-11, and an appeal from a final county commission order goes to that circuit court under W. Va. Code § 58-3-1.
The jurisdiction process
- Gather the will, death certificate, asset list, debt list, beneficiary information and title information before going to the Tucker County Clerk's office in Parsons.
- Choose the filing path. If the estate qualifies for the West Virginia small-estate affidavit process under W. Va. Code § 44-1A, use the affidavit route. If a personal representative must be appointed, prepare to qualify as executor or administrator under W. Va. Code § 41-5-10 and W. Va. Code § 44-1-4.
- File on paper with the Tucker County Clerk at 211 First Street, Suite 205. Call 304.478.2414, extension 201, before visiting because the office website does not publish an appointment policy or current hours.
- Pay the required county clerk charges. West Virginia has no single probate filing fee under W. Va. Code § 59-1-10, and Tucker County does not publish a local probate fee schedule online, so ask for the current amount before you arrive.
- If you qualify as personal representative, take the oath and address bond unless the will or W. Va. Code § 44-1-8 excuses it. The Tucker County Clerk issues a certificate of qualification, also called letters testamentary with a will or letters of administration without a will.
- File the appraisement under W. Va. Code § 44-1-14 and the nonprobate inventory under W. Va. Code § 11-11-7 within 90 days after qualification.
- Let the statutory notice to creditors and claims period proceed under W. Va. Code § 44-1-14a. If an objection or dispute is filed, the matter may be referred to a fiduciary commissioner under W. Va. Code § 44-3 or heard by the Tucker County Commission under W. Va. Code § 7-1-3.
- Use the certificate of qualification and certified copies to collect estate assets, pay proper expenses and distribute what remains. Close through the settlement process that applies under W. Va. Code § 44-2, including a waiver of final settlement under W. Va. Code § 44-2-29 when available.
Forms and documents
Probate forms in Tucker County
West Virginia does not publish one statewide numbered probate form set. In a full Tucker County administration, the 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. The county clerk provides or directs families to those materials when a personal representative qualifies.
The Tucker County Clerk's website includes an estate-administration topic but does not currently publish a downloadable estate document under it. For the small-estate affidavit process under W. Va. Code § 44-1A, the statutory contents are set by W. Va. Code § 44-1A-2, and you should call the Tucker County Clerk before visiting to ask what local formatting the office wants.
Recent updates
Scenarios
| Situation | Likely Tucker County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking how the home is titled. If an estate filing is needed, qualify at the Tucker County Clerk's counter in Parsons and ask the clerk's office what bond under W. Va. Code § 44-1-8 and appointment steps apply. | Sunset helps identify accounts, policies, debts and title issues before you decide what must pass through estate settlement. |
| Out-of-state adult child with a small estate | Call 304.478.2414, extension 201, before traveling. West Virginia's small-estate affidavit path is governed by W. Va. Code § 44-1A, and Tucker County does not publish a local checklist online. | Sunset helps gather institution details and generate a county-ready packet so you can ask the clerk focused questions before making the trip to Parsons. |
| Parent settling a predeceased child's estate, home must be sold | A sale of probate real property usually means full administration, qualification, a certificate of qualification, the appraisement under W. Va. Code § 44-1-14 and the notice to creditors under W. Va. Code § 44-1-14a. Ask the office about any referral to a fiduciary commissioner under W. Va. Code § 44-3. | Sunset helps organize assets, prepare the probate packet and connect the family with a local probate attorney when the home sale needs legal coordination. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Tucker County Clerk's office | Filing office for Tucker County estates. The office admits wills, appoints executors or administrators and receives estate filings under W. Va. Code § 41-5-10 and W. Va. Code § 44-1-4. | 211 First Street, Suite 205, Parsons, WV 26287; 304.478.2414, extension 201; fax 304.478.2217; [email protected]; https://tuckercountycommission.com/county-clerk |
| Legal Aid West Virginia | Civil legal aid intake for people who qualify. Its published case list does not specifically list wills, estates or probate, so ask whether your issue fits. | 866-255-4370; https://legalaidwv.org/get-help/apply-for-help/ |
| West Virginia State Bar Lawyer Referral Service | Public lawyer-referral service by location and practice area. As published by the State Bar and reviewed August 2026, the initial consultation is no more than $25 for the first 30 minutes. | https://wvlawyerreferral.org/ |
| Tuesday Legal Connect | Free West Virginia State Bar telephone hotline for general legal questions. Volunteer lawyers answer calls on Tuesdays from 6 p.m. to 8 p.m. | 1-800-642-3617; https://wvlawyerreferral.org/pages/resources-hotline |
| West Virginia Free Legal Answers | Free online service where an income-eligible West Virginian can post a civil legal question and receive an answer by email from a volunteer attorney. | https://wv.freelegalanswers.org/ |
When to hire an attorney
Many Tucker County estates can start at the clerk's counter, but a lawyer is useful when real estate must be sold, heirs disagree, unpaid claims require analysis under W. Va. Code § 44-1-14a, bond questions under W. Va. Code § 44-1-8 are difficult, or someone may file a will contest under W. Va. Code § 41-5-11 or an appeal under W. Va. Code § 58-3-1. Sunset connects families with a vetted probate attorney when legal help is the right next step.
How Sunset helps
Find the accounts and assets. Sunset helps families locate bank accounts, investment accounts, insurance policies, retirement assets, real estate clues and debts so the Tucker County estate settlement starts from a complete inventory.
Generate the probate packet. Sunset turns the information you provide into an organized probate packet for the Tucker County Clerk, including asset schedules 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. When the estate involves a home sale, a dispute, a bond issue under W. Va. Code § 44-1-8 or a possible will contest under W. Va. Code § 41-5-11, Sunset can connect you with a vetted local probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand the Tucker County filing path and move from asset discovery to a clerk-ready plan at no cost.
Frequently asked questions
Where do I file probate papers in Tucker County?
File with the Tucker County Clerk's office at 211 First Street, Suite 205, Parsons, WV 26287. The Tucker County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and the clerk handles routine filings under W. Va. Code § 41-5-10 and W. Va. Code § 44-1-4.
Is Tucker County probate filed with a court?
No. A routine West Virginia estate is filed with the county clerk for the county commission, not with a separate court. In Tucker County, the clerk in Parsons admits the will under W. Va. Code § 41-5-10 or processes an intestate administration under W. Va. Code § 44-1-4, while the Tucker County Commission has probate jurisdiction under W. Va. Code § 7-1-3.
Can I e-file a Tucker County estate?
No probate e-filing is published for Tucker County. West Virginia Judiciary e-filing covers appellate, circuit and family court systems, while routine estate papers are filed on paper with the Tucker County Clerk.
Can I look up a Tucker County estate online?
There is no statewide online search for West Virginia estate files. WVPASS is a circuit court search and does not contain routine estate files. For Tucker County, ask the county clerk whether the office offers a current online index or whether you need to check through the office in Parsons.
Does the Tucker County Clerk publish probate forms online?
The Tucker County Clerk's website lists an estate-administration topic but does not currently provide a downloadable estate document under that topic. For full administration, expect appraisement materials under W. Va. Code § 44-1-14 and nonprobate inventory materials under W. Va. Code § 11-11-7. For a small-estate affidavit, use the process set by W. Va. Code § 44-1A and W. Va. Code § 44-1A-2.
What does it cost to open an estate in Tucker County?
Tucker County does not publish a local probate fee schedule online. West Virginia has no single probate filing fee under W. Va. Code § 59-1-10, so call 304.478.2414, extension 201, and ask for the current county clerk charges before you go.
Do I have to travel to Parsons to handle a Tucker County estate?
You may need to appear at the Tucker County Clerk's office to qualify, take the oath and address bond under W. Va. Code § 44-1-8. The office does not publish an appointment or phone and video participation policy, so call the Tucker County Clerk before traveling.
What authority document do banks want after I qualify in Tucker County?
After the Tucker County Clerk appoints you, the clerk issues a certificate of qualification, the document families and banks often call letters testamentary when there is a will or letters of administration when there is no will. That appointment follows W. Va. Code § 41-5-10 for a will or W. Va. Code § 44-1-4 for an intestate estate.
Can a small estate in Tucker County include real estate?
No. West Virginia's small-estate affidavit process under W. Va. Code § 44-1A is not available if the decedent owned probate real estate. That real-property exclusion was added by HB 2867 and became effective July 9, 2025. The personal-property limit is $50,000 under W. Va. Code § 44-1A-1 and § 44-1A-2.
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.