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Upshur County, WV Probate Information
Quick facts
| Topic | Upshur County information |
|---|---|
| Probate authority | The Upshur County Commission holds probate jurisdiction under W. Va. Code § 7-1-3. Routine filings go through the Upshur County Clerk's office. |
| Courthouse address | 40 West Main Street, Room 101, Buckhannon, WV 26201 |
| Mailing address | No separate P.O. box is listed by the office. Use the courthouse address unless the clerk gives you different mailing instructions. |
| Phone | (304) 472-1068 |
| Fax | (304) 472-1029 |
| [email protected], a general county clerk mailbox, not a dedicated probate line | |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. |
| Filing charge | No single statewide probate filing fee is set in W. Va. Code § 59-1-10. Upshur County does not post a local probate fee schedule on the clerk's website. |
| Local probate forms | No Upshur-specific downloadable probate forms are posted on the clerk's website. Statewide estate forms and statutory affidavits are used, including the small-estate affidavit under W. Va. Code § 44-1A-2. |
| E-filing status | West Virginia has no probate e-filing through the courts. Estate papers are filed on paper with the Upshur County Clerk. |
| Online lookup | The Upshur County Clerk's website links an online search. Call the clerk before relying on it to ask whether estate filings are included. WVPASS searches circuit court records and does not contain estate files. |
| Remote participation | Most estates are handled at the counter. If a disputed matter is scheduled, ask the Upshur County Clerk whether phone or video participation is available. |
| Website | Upshur County Clerk |
Before you begin — know the assets and liabilities
Before you go to the Buckhannon courthouse, make a practical inventory of what the person owned, what was owed, and which assets pass outside probate. Estate settlement in Upshur County depends on that first asset picture because the personal representative must complete the ET 6.01 appraisement under W. Va. Code § 44-1-14 and the ET 6.02 nonprobate inventory under W. Va. Code § 11-11-7 within 90 days of qualification under W. Va. Code § 44-1-14.
Sunset's estate settlement tools search more than 2,300 institutions to help families find accounts, policies, and other assets before forms are filed. That preparation helps you decide whether to ask the Upshur County Clerk about a full administration, a small-estate affidavit under W. Va. Code § 44-1A, or a real estate issue that needs attorney review.
Which court handles jurisdiction
File in Upshur County when the decedent lived in Upshur County at death. W. Va. Code § 41-5-4 puts the will before the county commission for the county where the person had a known place of residence at death, and W. Va. Code § 44-1-4 applies the same location rule when there is no will. The Upshur County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and the Upshur County Clerk handles the filing at 40 West Main Street in Buckhannon.
Routine estates stay with the clerk and commission. A will contest goes to the Circuit Court of Upshur 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
- Gather the will, death certificate, asset list, debt list, names and addresses of heirs or beneficiaries, and deed information for any West Virginia real estate. If the estate may qualify as a small-estate affidavit, check W. Va. Code § 44-1A first because that route is limited to qualifying personal property and is not available when the decedent owned probate real estate after July 9, 2025.
- Contact the Upshur County Clerk's office at (304) 472-1068 before going to Room 101 in Buckhannon. Ask what originals, copies, signatures, and payment methods the office wants for your filing.
- File the will, if there is one, or apply for administration if there is no will. The clerk acts for the Upshur County Commission under W. Va. Code § 7-1-3 and may admit the will and appoint the executor or administrator under W. Va. Code § 41-5-10 and W. Va. Code § 44-1-4.
- At qualification, take the oath and address bond if required or excused under W. Va. Code § 44-1-8. The clerk then issues a certificate of qualification, the letters document banks usually need, called letters testamentary with a will and letters of administration without a will.
- Pay the Upshur County Clerk's current recording charges. West Virginia does not set a single statewide probate filing fee in W. Va. Code § 59-1-10, and Upshur County does not post a local probate fee schedule on the clerk's website.
- Complete the ET 6.01 appraisement under W. Va. Code § 44-1-14 and the ET 6.02 nonprobate inventory under W. Va. Code § 11-11-7. Those forms are due within 90 days of qualification under W. Va. Code § 44-1-14.
- Handle the notice to creditors and creditor claim period under W. Va. Code § 44-1-14a. If a dispute, claim problem, or requested reference arises, the matter may be sent to a fiduciary commissioner under W. Va. Code § 44-3.
- Most Upshur County estates do not require a hearing. If an objection or fiduciary commissioner referral under W. Va. Code § 44-3 creates a hearing, ask the Upshur County Clerk how scheduling and any phone or video participation are handled.
- Collect assets, pay allowed debts and expenses, sell or transfer property when authorized, and keep proof of every receipt and distribution for the estate settlement.
- Close the estate with the settlement procedure that applies to the file, such as a waiver of final settlement under W. Va. Code § 44-2-29 or another final settlement under W. Va. Code § 44-2, then wait for confirmation by the Upshur County Commission under W. Va. Code § 7-1-3.
Forms and documents
Probate forms in Upshur County
West Virginia does not publish a statewide probate form set because routine probate is handled through county commission probate jurisdiction under W. Va. Code § 7-1-3. The Upshur County Clerk's office does not post additional county probate forms on its website.
| Form or filing | Where it comes from | How it is used in Upshur County |
|---|---|---|
| ET 6.01 appraisement | West Virginia State Tax Department form used in estates | Filed with the Upshur County Clerk within 90 days of qualification under W. Va. Code § 44-1-14. |
| ET 6.02 nonprobate inventory | West Virginia State Tax Department form used in estates | Filed with the Upshur County Clerk under W. Va. Code § 11-11-7. |
| Small-estate affidavit | The required contents are set by W. Va. Code § 44-1A-2 | Filed with the Upshur County Clerk only when the estate qualifies under W. Va. Code § 44-1A. |
| Certificate of qualification request | Handled by the Upshur County Clerk at qualification | The certificate of qualification is the letters document used to prove authority to banks and transfer agents. |
Recent updates
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start at the Upshur County Clerk's office in Buckhannon with the deed information, account list, and death certificate. Ask whether any asset needs probate administration and whether a small-estate affidavit under W. Va. Code § 44-1A is unavailable because of probate real estate. | Sunset helps identify accounts, policies, and other assets before you decide what needs to be included in the estate settlement. |
| Out-of-state adult child with a small estate | Call the Upshur County Clerk before traveling. If the estate is personal property only and fits W. Va. Code § 44-1A, ask what the clerk needs for the affidavit and certificate and authorization under W. Va. Code § 44-1A-2. | Sunset helps organize institution names, balances, and contact details so the affidavit path can be evaluated before a trip to Buckhannon. |
| Parent settling a predeceased child's estate, home must be sold | Because probate real estate takes the estate outside the small-estate affidavit route under W. Va. Code § 44-1A after July 9, 2025, plan for a full administration through the Upshur County Clerk and consider legal help for the sale. | Sunset helps assemble the asset list and can connect the family with a local probate attorney for real estate and estate settlement questions. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Upshur County Clerk's office | Filing office for Upshur County estates. | 40 West Main Street, Room 101, Buckhannon, WV 26201. Phone: (304) 472-1068. Fax: (304) 472-1029. |
| Legal Aid of West Virginia | Statewide civil legal aid intake for people who qualify. | Apply for help or call 866-255-4370. |
| West Virginia State Bar Lawyer Referral Service | Lawyer referral by location and practice area, with an initial consultation fee listed as no more than $25 as of August 2026. | wvlawyerreferral.org |
| Tuesday Legal Connect | Free State Bar telephone hotline for general legal information on Tuesdays from 6:00 p.m. to 8:00 p.m. | 1-800-642-3617 |
| West Virginia Free Legal Answers | Free online Q&A for income-eligible West Virginians, answered by volunteer attorneys. | wv.freelegalanswers.org |
When to hire an attorney
Many Upshur County families can start at the clerk's counter, but an attorney makes sense when real estate must be sold, heirs disagree, a will contest is possible under W. Va. Code § 41-5-11, an appeal may be needed under W. Va. Code § 58-3-1, or bond questions arise under W. Va. Code § 44-1-8. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investments, insurance, retirement accounts, and other assets that may need to be included in an Upshur County estate settlement.
Generate the probate packet. Sunset turns the information you enter into an organized probate packet so you can work with the Upshur County Clerk or an attorney with fewer missing details.
Find a local probate attorney. If the estate involves real estate, disputes, or questions about authority, Sunset can connect you with a local West Virginia probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand the next steps, and get matched with help without paying Sunset.
Frequently asked questions
Where do I file probate in Upshur County?
File with the Upshur County Clerk's office at 40 West Main Street, Room 101, Buckhannon, WV 26201. W. Va. Code § 41-5-4 points the will to the county where the person lived at death, W. Va. Code § 44-1-4 applies the same rule when there is no will, and the Upshur County Commission holds probate jurisdiction under W. Va. Code § 7-1-3.
Who handles routine probate in Upshur County?
The Upshur County Clerk handles routine filings at the courthouse counter for the Upshur County Commission, which holds probate jurisdiction under W. Va. Code § 7-1-3. The clerk may admit the will and appoint the executor or administrator under W. Va. Code § 41-5-10 and W. Va. Code § 44-1-4.
Can I e-file probate papers in Upshur County?
No probate e-filing system is available for West Virginia estate papers. File on paper with the Upshur County Clerk, and call the clerk before sending documents if you are trying to handle part of the estate settlement from outside Buckhannon.
Can I look up an Upshur County estate online?
The Upshur County Clerk's website links an online search, but you should call the clerk to ask whether estate filings are included before relying on it. WVPASS is a circuit court search and does not contain routine estate files.
What forms do I need for an Upshur County estate?
The Upshur County Clerk does not post additional county probate forms on its website. Expect to deal with the ET 6.01 appraisement under W. Va. Code § 44-1-14, the ET 6.02 nonprobate inventory under W. Va. Code § 11-11-7, and, when applicable, the small-estate affidavit under W. Va. Code § 44-1A-2.
How much does Upshur County probate cost?
Upshur County does not post a local probate fee schedule on the clerk's website. West Virginia uses recording charges under W. Va. Code § 59-1-10 and other estate charges, so call the Upshur County Clerk for the current amount before you file.
Will there be a hearing in Upshur County?
Most estates are handled at the counter. If an objection is filed or the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3, a hearing may be scheduled before that commissioner or before the Upshur County Commission under W. Va. Code § 7-1-3.
Do I have to travel to Buckhannon?
Call the Upshur County Clerk before traveling. Ask what can be prepared by mail, what signatures must be original, whether an appointment is needed, and whether any disputed matter can include phone or video participation.
Can an Upshur County small estate include a house?
No. West Virginia's small-estate route under W. Va. Code § 44-1A is not available if the decedent owned probate real estate after July 9, 2025. The personal-property limit is $50,000, current as of August 2026, 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.