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Tyler County, WV Probate Information
Quick facts
| Item | Tyler County details |
|---|---|
| Probate authority | Tyler County Commission, with probate jurisdiction under W. Va. Code § 7-1-3; day-to-day filings are handled by the Tyler County Clerk's office in Middlebourne. |
| Courthouse address | 350 Park Avenue, Middlebourne, WV 26149. |
| Mailing address | P.O. Box 66, Middlebourne, WV 26149. |
| Estate appointment line | (304) 758-4104. Call this number to schedule an appointment to open an estate. |
| General clerk line | (304) 758-2102, extension 3. |
| Fax | (304) 758-2126. |
| [email protected]. | |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. The Fiduciary and Probate service keeps the same hours, and the clerk's office asks people opening an estate to arrive no later than 3:00 p.m. |
| Appointment | Required to open an estate. Call (304) 758-4104 before going to the courthouse. |
| Opening cost | Tyler County states that the fee to qualify as a personal representative is normally between $50 and $70, as published in August 2026. West Virginia has no statewide probate filing fee under W. Va. Code § 59-1-10. |
| Forms | The clerk publishes an Estate Appraisement and Nonprobate Inventory packet. The small-estate affidavit is governed by W. Va. Code § 44-1A-2. |
| E-filing status | West Virginia has no e-filing for probate; estate papers are filed on paper with the Tyler County Clerk. |
| Record lookup | The Tyler County Clerk links a Document Inquiry index whose document-type list includes Estates. It is a county clerk records index, not a court docket. |
| Phone or video participation | No estate-specific phone or video policy is published. Ask the Tyler County Clerk's office when you file. |
| Website | https://tylercountywv.com/tyler-county-clerk/ |
Before you begin — know the assets and liabilities
Before you call Tyler County to schedule an estate appointment, make a working list of the decedent's accounts, debts, beneficiary designations, vehicles, and real estate. That inventory drives the estate settlement path, the appraisement due after qualification under W. Va. Code § 44-1-14, the nonprobate inventory under W. Va. Code § 11-11-7, and whether a full administration is needed.
Sunset can help search across 2,300 institutions so you can bring a clearer asset picture to the Tyler County Clerk's office. In Tyler County, that preparation matters because the office requires an appointment to open an estate and asks you to arrive by 3:00 p.m. so there is enough time to qualify.
Which court handles jurisdiction
The Tyler County Clerk's office in Middlebourne serves Tyler County estate filings. If the decedent lived in Tyler County, the will is filed with the clerk in Middlebourne because W. Va. Code § 41-5-4 places the will where the person lived, and W. Va. Code § 44-1-4 places an intestate estate in the same county commission process.
If a nonresident decedent owned Tyler County real estate, or if Tyler County real estate is part of an estate opened elsewhere, ask the Tyler County Clerk what original or certified documents the office needs for recording in Tyler County.
The jurisdiction process
- Call the Tyler County estate appointment line at (304) 758-4104 before going to the courthouse. The clerk's office requires an appointment to open an estate and asks you to arrive no later than 3:00 p.m.
- Bring the documents Tyler County lists for appointment as personal representative: a certified death certificate, or the obituary if the death certificate is not available; the original will or codicil, if one exists; the decedent's Social Security number; and names and addresses of heirs.
- If there is no will, plan for Tyler County's bond practice under W. Va. Code § 44-1-8. The clerk's office says you need to bring someone other than yourself who owns real estate in West Virginia, and an out-of-state resident must be bonded through a bonding insurance company.
- At the appointment, the Tyler County Clerk admits the will to record and appoints the executor or administrator under W. Va. Code § 41-5-10 and § 44-1-4. After you take the oath and satisfy any bond requirement under W. Va. Code § 44-1-8, the clerk issues a certificate of qualification, the letters that banks and transfer agents use to recognize your authority.
- Pay the Tyler County qualification fee. The county states that the fee to qualify as a personal representative is normally between $50 and $70, as published in August 2026, plus any other recording charges that apply under W. Va. Code § 59-1-10.
- File the estate appraisement within 90 days of qualification under W. Va. Code § 44-1-14, and file the nonprobate inventory under W. Va. Code § 11-11-7. Tyler County publishes the Estate Appraisement and Nonprobate Inventory packet for this step.
- Handle notice and claims. In an article 2 county process, the clerk publishes the notice to creditors under W. Va. Code § 44-1-14a, and creditor deadlines run from that publication.
- If the estate qualifies for West Virginia's small-estate affidavit route, file that affidavit with the Tyler County Clerk under W. Va. Code § 44-1A-2 instead of qualifying as personal representative. As of August 2026, the personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4), and since July 9, 2025 the route is not available if the decedent owned probate real estate under W. Va. Code § 44-1A-2.
- Most Tyler County estates do not need a hearing. If an objection is filed or the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3, ask the Tyler County Clerk whether the county office will allow any phone or video participation.
- Close the estate through the article 2 closing process, such as a waiver of final settlement under W. Va. Code § 44-2-29 or another settlement filing under W. Va. Code § 44-2. Keep certified copies of the certificate of qualification and recorded estate papers for banks, title companies, and heirs.
Forms and documents
Probate forms in Tyler County
Tyler County publishes an Estate Appraisement and Nonprobate Inventory packet for estates. The appraisement is tied to W. Va. Code § 44-1-14, and the nonprobate inventory is tied to W. Va. Code § 11-11-7.
Tyler County does not post a separate local probate checklist, brochure, or full fee schedule on its clerk page. The clerk page does list what to bring to be appointed as personal representative: a certified death certificate, or the obituary if the death certificate is not available; the original will or codicil, if one exists; the decedent's Social Security number; and names and addresses of heirs.
For a small estate under W. Va. Code § 44-1A, the affidavit contents are governed by W. Va. Code § 44-1A-2. As of August 2026, the route is limited to probate personal property of $50,000 under W. Va. Code § 44-1A-1(b)(4), and since July 9, 2025 it cannot be used when the decedent owned probate real estate under W. Va. Code § 44-1A-2.
Fees
West Virginia has no statewide probate filing fee. What you pay the Tyler County Clerk is a set of per-document recording charges under W. Va. Code § 59-1-10, including $10 for a document of five pages or fewer, $1 for each additional page, and $5 to administer an oath, all as of August 2026. In an article 2 estate, the clerk also collects the $20 notice publication fee under W. Va. Code § 44-1-14a(g) and the $10 recording and mailing fee for the closing settlement under W. Va. Code § 44-2-1(c), both as of August 2026, plus newspaper publication costs and any bond premium required under W. Va. Code § 44-1-8.
Tyler County states that the fee to qualify as a personal representative is normally between $50 and $70, as published on the Tyler County Clerk's Estates page in August 2026. Preserve that range as a normal county amount, not as a statewide probate filing fee.
If a Tyler County article 2 estate is referred to a fiduciary commissioner under W. Va. Code § 44-3, that commissioner's fee is charged to the estate. As of August 2026, W. Va. Code § 44-2-1(a) caps the fee at $300 plus expenses unless the personal representative approves more or the Tyler County Commission has adopted a fee schedule under W. Va. Code § 59-1-9.
Timeline
- Before going to the courthouse, call (304) 758-4104 to schedule the estate appointment with the Tyler County Clerk.
- On the appointment day, arrive no later than 3:00 p.m. if you are opening an estate. The clerk's office says that time is needed to complete the appointment.
- After qualification, file the appraisement within 90 days under W. Va. Code § 44-1-14 and file the nonprobate inventory under W. Va. Code § 11-11-7.
Local nuance
Tyler County-specific considerations
| Local point | What it means in Tyler County |
|---|---|
| Appointment required | Call (304) 758-4104 to schedule before trying to open an estate. |
| Arrive by 3:00 p.m. | The Fiduciary and Probate service is open Monday through Friday, 8:00 a.m. to 4:00 p.m., but the clerk's office asks people opening an estate to arrive no later than 3:00 p.m. |
| No will bond practice | If there is no will, Tyler County says you need to bring someone other than yourself who owns real estate in West Virginia, and an out-of-state resident must be bonded through a bonding insurance company. Bond is governed by W. Va. Code § 44-1-8. |
| Article 2 handling | Tyler County publishes a Fiduciary and Probate service within the County Clerk's office, but it does not publish a separate fiduciary supervisor under W. Va. Code § 44-3A. Treat routine filings as clerk-handled article 2 estates unless the clerk tells you otherwise. |
| Online index | The Tyler County Clerk links a Document Inquiry index, and its document-type list includes Estates. Ask the office what years and estate documents the index covers. |
Recent updates
Scenarios
| Scenario | Likely Tyler County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with the deed and beneficiary designations. Jointly held or beneficiary-designated property may not need Tyler County administration. If an estate is needed, call (304) 758-4104, arrive by 3:00 p.m., and be ready to file the appraisement within 90 days under W. Va. Code § 44-1-14 and the nonprobate inventory under W. Va. Code § 11-11-7. | Sunset helps identify accounts, beneficiary designations, and debts so the spouse can decide whether a full estate settlement is necessary before scheduling the appointment. |
| Out-of-state adult child with small estate | Ask whether the West Virginia small-estate affidavit under W. Va. Code § 44-1A fits. As of August 2026, the personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4), and since July 9, 2025 the route is unavailable if the decedent owned probate real estate under W. Va. Code § 44-1A-2. If there is no will and full administration is needed, Tyler County says an out-of-state resident must be bonded through a bonding insurance company under W. Va. Code § 44-1-8. | Sunset helps organize asset information before travel, so the child can ask the Tyler County Clerk whether a small-estate affidavit or full appointment is the better estate settlement path. |
| Parent settling predeceased child's estate, home must be sold | A Tyler County home sale usually requires full administration and a certificate of qualification, the letters a title company can rely on. If probate assets other than real estate exceed $200,000 as of August 2026 and there is more than one beneficiary or heir, referral to a fiduciary commissioner may apply under W. Va. Code § 44-2-1 and W. Va. Code § 44-3. | Sunset helps collect the asset list, generate a filing packet, and connect the family with a local attorney if the home sale, heirs, or debts make the estate settlement harder. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Legal Aid West Virginia | Civil legal aid intake for people who qualify. | 866-255-4370 https://legalaidwv.org/get-help/apply-for-help/ |
| West Virginia State Bar Lawyer Referral Service | Finds a lawyer by location and practice area. The initial consultation fee is no more than $25 for the first 30 minutes, as published in August 2026. | https://wvlawyerreferral.org/ |
| Tuesday Legal Connect | Free State Bar telephone hotline with volunteer lawyers, Tuesdays 6:00 p.m. to 8:00 p.m., for general information only. | 1-800-642-3617 https://wvlawyerreferral.org/pages/resources-hotline |
| West Virginia Free Legal Answers | Free online question and answer service for income-eligible West Virginians, with volunteer attorneys responding by email. | https://wv.freelegalanswers.org/ |
| West Virginia Senior Legal Aid | Nonprofit civil legal help for West Virginia seniors. | (800) 229-5068 https://www.seniorlegalaid.org/ |
When to hire an attorney
Consider legal help if there is a will contest under W. Va. Code § 41-5-11, a dispute among heirs, an unpaid claim issue under W. Va. Code § 44-1-14a, a Tyler County real estate sale, an out-of-state personal representative who must address bond under W. Va. Code § 44-1-8, or referral to a fiduciary commissioner under W. Va. Code § 44-3. 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 Tyler County appointment. A clearer asset list makes the estate settlement process easier to start.
Generate the probate packet. Sunset turns the information you provide into an organized packet for the Tyler County Clerk, including the details needed for appointment and the appraisement required by W. Va. Code § 44-1-14.
Find a local probate attorney. If the estate involves a Tyler County home sale, disputed heirs, a will contest under W. Va. Code § 41-5-11, or referral to a fiduciary commissioner under W. Va. Code § 44-3, Sunset can connect you with a local probate attorney.
Sunset is free for families. Sunset gives families a guided estate settlement workspace, document organization, and attorney matching at no cost to the family.
Frequently asked questions
Where do I file probate papers in Tyler County?
File with the Tyler County Clerk's office at 350 Park Avenue in Middlebourne. The Tyler County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and the clerk handles routine estate filings under W. Va. Code § 41-5-10 and § 44-1-4.
Do I need an appointment to open an estate in Tyler County?
Yes. Tyler County tells families to call (304) 758-4104 to schedule an appointment. The office also asks you to arrive no later than 3:00 p.m. if you are opening an estate.
What should I bring to the Tyler County appointment?
Bring a certified death certificate, or the obituary if the death certificate is not available; the original will or codicil, if there is one; the decedent's Social Security number; and names and addresses of heirs. If there is no will, Tyler County gives additional bond instructions under W. Va. Code § 44-1-8.
Can I e-file a Tyler County probate matter?
No West Virginia probate e-filing system is available for routine estates. Estate papers are filed on paper with the Tyler County Clerk, and the original will must be delivered as an original.
Can I look up a Tyler County estate online?
The Tyler County Clerk links a Document Inquiry index whose document-type list includes Estates. It is a county clerk records index, not a court case search. Ask the clerk what years and estate documents the index covers. WVPASS searches circuit court records and does not contain the estate file itself.
How much does it cost to qualify as personal representative in Tyler County?
Tyler County states that the fee to qualify as a personal representative is normally between $50 and $70, as published in August 2026. Other recording charges may apply under W. Va. Code § 59-1-10, and bond under W. Va. Code § 44-1-8 may add a separate cost paid outside the clerk's office.
Does Tyler County publish probate forms?
Tyler County publishes an Estate Appraisement and Nonprobate Inventory packet. The appraisement is required under W. Va. Code § 44-1-14, and the nonprobate inventory is governed by W. Va. Code § 11-11-7. The small-estate affidavit route is governed by W. Va. Code § 44-1A-2.
Can I use a small-estate affidavit in Tyler County if there is real estate?
No. West Virginia's small-estate process under W. Va. Code § 44-1A is not available when the decedent owned probate real estate. That rule has applied since July 9, 2025 under W. Va. Code § 44-1A-2. As of August 2026, the personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4).
Will I have to travel to Middlebourne?
You may need to travel if you are qualifying as personal representative, especially because Tyler County requires an appointment and asks people opening an estate to arrive by 3:00 p.m. If an objection or referral creates a hearing before a fiduciary commissioner under W. Va. Code § 44-3, ask the Tyler County Clerk whether phone or video participation is available.
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.