Back to West Virginia
Wirt County, WV Probate Information
Quick facts
| Topic | Wirt County detail |
|---|---|
| Probate authority | The Wirt County Commission holds probate jurisdiction under W. Va. Code § 7-1-3; the Wirt County Clerk handles routine estate filings at the courthouse. |
| Office | Wirt County Clerk's office, Wirt County Courthouse, 19 Washington Street, Suite 106, Elizabeth, WV 26143 |
| Mailing address | P.O. Box 53, Elizabeth, WV 26143 |
| Phone | (304) 275-4271 |
| Fax | (304) 275-3418 |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. The clerk's page does not publish a lunch closure. |
| Opening costs | No single statewide probate filing fee is set by W. Va. Code § 59-1-10. Wirt County does not publish a probate-specific local fee schedule online. |
| Local probate forms | The Wirt County Clerk's office does not publish additional probate forms on its website. Statewide estate forms still apply. |
| Electronic filing with the county clerk | West Virginia has no e-filing for routine estate papers, and Wirt County does not publish a probate e-filing option. File paper originals with the Wirt County Clerk. |
| County clerk record lookup | The Wirt County Clerk publishes a Records Inquiry index at records.wirtcountywv.net. It is an index of recorded documents, not a court docket. |
| Phone or video participation | Most estates are handled at the counter. If an objection or fiduciary commissioner matter creates a hearing, ask the Wirt County Clerk's office whether phone or video participation is available. |
| Website | Wirt County Clerk |
Before you begin — know the assets and liabilities
Before you contact the Wirt County Clerk, make a working list of assets, debts, account locations, real estate, vehicles, and known beneficiaries or heirs. Sunset can search across 2,300 institutions so the estate settlement starts with a better asset picture instead of a stack of guesses.
That matters in Wirt County because the personal representative must complete the appraisement, Form ET 6.01, within 90 days after qualification under W. Va. Code § 44-1-14, and the nonprobate inventory, Form ET 6.02, is tied to W. Va. Code § 11-11-7. Call the Wirt County Clerk at (304) 275-4271 before going to Elizabeth, because the county does not publish whether appointments are required for estate settlement.
Which court handles jurisdiction
The Wirt County Courthouse in Elizabeth serves estate filings for Wirt County. An estate is opened where the person lived: W. Va. Code § 41-5-4 puts a will before the county commission of the county where the decedent had a 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 Wirt County, start with the Wirt County Clerk's office at 19 Washington Street, Suite 106, Elizabeth. If the will is contested under W. Va. Code § 41-5-11, or an appeal is taken under W. Va. Code § 58-3-1, that dispute is handled in the Circuit Court of Wirt County, not in the routine estate file.
The jurisdiction process
- Gather the original will, if there is one, the death certificate, a list of probate assets and debts, and the names and addresses of beneficiaries or heirs. If you are unsure whether a small-estate affidavit is available, remember that W. Va. Code § 44-1A excludes any estate with probate real estate after July 9, 2025, and limits qualifying probate personal property to $50,000 under W. Va. Code § 44-1A-1(b)(4), current as reviewed August 2026.
- Contact the Wirt County Clerk's office at (304) 275-4271 before traveling to Elizabeth. The office publishes hours of Monday through Friday, 8:00 a.m. to 4:00 p.m., but it does not publish whether an appointment is required for estate matters.
- File paper originals with the Wirt County Clerk at the Wirt County Courthouse, 19 Washington Street, Suite 106, Elizabeth. The Wirt County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, while the clerk admits the will and appoints the executor or administrator under W. Va. Code § 41-5-10 and W. Va. Code § 44-1-4.
- At qualification, the personal representative takes the oath and gives bond unless the will or W. Va. Code § 44-1-8 excuses it. The clerk then issues the certificate of qualification, the document banks often call letters testamentary when there is a will or letters of administration when there is no will.
- Pay the Wirt County Clerk's required recording, oath, notice, settlement, publication, and bond-related costs. There is no single statewide probate filing fee under W. Va. Code § 59-1-10, and Wirt County does not publish a probate-specific local fee schedule online.
- File the appraisement, Form ET 6.01, within 90 days after qualification under W. Va. Code § 44-1-14, and handle the nonprobate inventory, Form ET 6.02, under W. Va. Code § 11-11-7. The clerk's notice to creditors and claim process runs under W. Va. Code § 44-1-14a.
- Watch for referral issues. Wirt County publishes a fiduciary commissioner system under W. Va. Code § 44-3. Routine estates stay with the clerk unless a creditor, dispute, asset level, or other issue requires a fiduciary commissioner.
- If a hearing becomes necessary because of an objection, a creditor claim, or a fiduciary commissioner matter under W. Va. Code § 44-3, ask the Wirt County Clerk's office how it will be scheduled. The county publishes the commission's general meetings as the first and third Wednesday afternoons at 1:00 p.m. in Courthouse Suite 103, but it does not publish a probate-specific hearing calendar.
- Ask the Wirt County Clerk's office whether phone or video participation is available if a hearing is scheduled. There is no statewide remote probate rule for county clerk estate matters, and Wirt County does not publish a local remote policy.
- Administer the estate, pay valid claims, distribute assets, and close the file through the article 2 settlement process. Wirt County uses the clerk and fiduciary commissioner framework under W. Va. Code § 44-3, and a waiver of final settlement under W. Va. Code § 44-2-29 may be available when the statutory requirements are met.
Forms and documents
Probate forms in Wirt County
The Wirt County Clerk's office does not publish additional probate forms on its website. The county's forms page lists assessor and tax forms, not probate, estate, or fiduciary forms.
| Form or packet | Where it comes from | Wirt County note |
|---|---|---|
| Appraisement of the estate, Form ET 6.01 | West Virginia State Tax Department form used with W. Va. Code § 44-1-14 | Ask the Wirt County Clerk for the current packet when you qualify. |
| Nonprobate inventory of the estate, Form ET 6.02 | West Virginia State Tax Department form tied to W. Va. Code § 11-11-7 | Ask the Wirt County Clerk how to submit the original. |
| Small-estate affidavit | The affidavit contents are set by W. Va. Code § 44-1A-2(e) | Wirt County does not publish its own version online. The W. Va. Code § 44-1A route is not available if probate real estate is involved after July 9, 2025. |
| Ancillary real-estate affidavit | Statutory forms appear in W. Va. Code § 44-1-4 and W. Va. Code § 41-5-13 | Use this only when the statutory requirements fit a nonresident decedent's West Virginia real estate. |
Local nuance
Wirt County-specific considerations
| Local point | What it means in Wirt County |
|---|---|
| Suite number | The Wirt County Clerk's current page lists Suite 106 at 19 Washington Street in Elizabeth. |
| Hours | The clerk publishes Monday through Friday, 8:00 a.m. to 4:00 p.m. |
| Article 2 administration | The Wirt County Clerk publishes that the office probates wills and appoints fiduciary commissioners for certain estates, which is the W. Va. Code § 44-3 article 2 pattern. |
| Commission meetings | The Wirt County Commission, which holds probate jurisdiction under W. Va. Code § 7-1-3, publishes general meetings on the first and third Wednesday afternoons at 1:00 p.m. at the courthouse, Suite 103. That is not a separate probate hearing calendar. |
| Record index | The Wirt County Clerk publishes a Records Inquiry index with a Fiduciary / Misc category and document types that include appraisements, estate entries, fiduciary advertising, fiduciary bonds, fiduciary confirmations, and fiduciary orders. Ask the clerk what years and documents the index covers. |
Recent updates
Scenarios
| Situation | Likely Wirt County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying which assets are probate assets and which pass outside the estate. If probate property must be administered, the Wirt County Clerk opens the estate in Elizabeth, and the personal representative files the appraisement under W. Va. Code § 44-1-14. | Sunset helps find accounts, insurance, and other assets so the spouse can separate probate property from nonprobate property before calling the clerk. |
| Out-of-state adult child with a small estate | Call the Wirt County Clerk before traveling. The W. Va. Code § 44-1A small-estate route may be available only for qualifying probate personal property, is capped at $50,000 under W. Va. Code § 44-1A-1(b)(4), current as reviewed August 2026, and is not available if the decedent owned probate real estate after July 9, 2025. | Sunset helps collect the asset list and generate an organized packet so the child can ask the clerk targeted questions before making a trip to Elizabeth. |
| Parent settling predeceased child's estate, home must be sold | Because probate real estate is involved, the W. Va. Code § 44-1A small-estate route is not the path after July 9, 2025. The parent should expect a Wirt County Clerk qualification, appraisement under W. Va. Code § 44-1-14, and possible guidance from a local attorney if title or sale issues arise. | Sunset helps assemble account information, organize the estate settlement packet, and connect the family with a local attorney when the home sale needs legal support. |
Self-help resources
| Resource | How to use it |
|---|---|
| Wirt County Clerk | Use this page for the current office address, mailing address, phone, fax, and hours before filing estate papers. |
| Wirt County Records Inquiry | Use this county clerk index to look for recorded document entries. Ask the clerk what years and estate document types the index covers. |
| Wirt County forms page | This page does not publish probate forms, but it is the county's public forms page and shows that the posted forms are for assessor and tax use. |
| West Virginia court record access | Use this only for circuit court or magistrate court records. It is not the Wirt County Clerk estate index. |
| West Virginia Judiciary e-filing information | This confirms that Judiciary e-filing is for appellate, circuit, family, and mass litigation systems, not for routine county clerk estate filings. |
When to hire an attorney
A lawyer is especially useful if someone may contest the will under W. Va. Code § 41-5-11, if an appeal may be taken under W. Va. Code § 58-3-1, if the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3, if real estate must be sold, or if family members disagree about who should serve. Sunset connects you to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families locate bank accounts, investment accounts, insurance, retirement assets, vehicles, and other property so the Wirt County estate settlement starts with a complete inventory.
Generate the probate packet. Sunset organizes the information you collect into a clear packet you can use when contacting the Wirt County Clerk and preparing the forms the clerk requires.
Find a local probate attorney. If the estate includes real estate, a dispute, a fiduciary commissioner referral, or questions the clerk cannot answer, Sunset can help you find local legal support.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset.
Frequently asked questions
Where do I file probate papers in Wirt County?
File paper originals with the Wirt County Clerk's office at the Wirt County Courthouse, 19 Washington Street, Suite 106, Elizabeth, WV 26143. The Wirt County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and the clerk admits the will under W. Va. Code § 41-5-10.
Is there e-filing for probate with the Wirt County Clerk?
No. West Virginia has no e-filing system for routine county clerk estate papers, and Wirt County does not publish a local probate e-filing option. File paper originals with the Wirt County Clerk.
Can I look up a Wirt County estate online?
The Wirt County Clerk publishes a Records Inquiry index with a Fiduciary / Misc category and estate-related document types. It is a county clerk record index, not a court docket, and the clerk should be asked what years and documents it covers.
Does WVPASS show Wirt County estate files?
No. WVPASS is a circuit court records system and does not contain the Wirt County estate file itself. It could show a will contest filed in circuit court under W. Va. Code § 41-5-11, but not the routine county clerk estate record.
Does Wirt County publish its own probate forms?
The Wirt County Clerk's office does not publish additional probate forms on its website. Ask the clerk for the appraisement, Form ET 6.01 under W. Va. Code § 44-1-14, the nonprobate inventory, Form ET 6.02 under W. Va. Code § 11-11-7, and any local packet the office uses.
What are the Wirt County probate fees?
Wirt County does not publish a probate-specific local fee schedule online. There is no single statewide probate filing fee under W. Va. Code § 59-1-10, so ask the Wirt County Clerk for the current recording, oath, notice, settlement, publication, copy, and bond-related costs before you file.
Do I need to travel to Elizabeth to open the estate?
The Wirt County Clerk handles estate filings at the courthouse in Elizabeth, and the county does not publish an online filing option. Call (304) 275-4271 before traveling to ask what originals, copies, payment method, and identification the clerk wants you to bring.
Will there be a hearing in Wirt County?
Most Wirt County estates are handled at the counter. If an objection, creditor claim under W. Va. Code § 44-1-14a, or fiduciary commissioner matter under W. Va. Code § 44-3 creates a hearing, ask the Wirt County Clerk's office how it will be scheduled and whether phone or video participation is available.
Can a Wirt County estate use the small-estate process?
Only if the W. Va. Code § 44-1A requirements fit. The route is limited to qualifying probate personal property of $50,000 under W. Va. Code § 44-1A-1(b)(4), current as reviewed August 2026, and it is not available if the decedent owned probate real estate after July 9, 2025.
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.