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Estate Probate FAQ

Frequently Asked Questions

What are the office hours?
At this time an appointment is necessary.  Our office hours are Monday thru Friday, 8:30 a.m. – 4:30 p.m. Without an appointment you may walk-in from 3:00 p.m. - 4:00 p.m.

Please call our office at (304) 526-8627
Why do you probate an estate?
To legally administer and distribute a deceased persons estate.
Where do you probate an estate?
Cabell County Clerk's office, room 106.  Must be in the resident county of the deceased.
When you do probate an estate?
Within 30 days from the date of death.
Who is appointed to administer an estate?
With a will - the person named in the will to administer 

Without a will - the next of kin to the deceased 
What do I bring to the courthouse to probate?
The original will, copy of death certificate, social security number, name and address of all heirs and the necessary fees.
How much are the fees?

The fees to our office at the time of your appointment are fairly minimal.  You will be charged $37.00 for your appointment fee, $12.00 for the first five pages of your will and $1.00 for each additional page for recording, and $2.50 each for your letters of administration.

Note:  If a bond is required, there will be an additional $12.00 fee to the County Clerk as well as a premium to your bondsman unless you are using a real estate bond.
When you file your Appraisement & Settlement forms, there will be a fee of $12.00 and when you file your Final Settlement to close the estate, there will be a fee of $12.00 (unless it is referred to a Fiduciary Commissioner).

Do I need an attorney?
No - only if disputes among heirs or if you feel you need an attorney for assistance
How long does the process take?

The initial visit to our office takes about twenty to thirty minutes.  You then will have 90 days to complete the “Appraisement & Settlement” of the estate forms.  You must have 1 of the 6.01 forms and 1 of the 6.02 form completed.

Once this document is returned, there is a mandatory 60 day period that must lapse for anyone who may have a claim against the estate.

After the claims, the period has expired and if no creditor’s claims are pending, you then can close the estate by either filing a “Waiver of Final Settlement” or by preparing a “Final Accounting”.  Both of these documents can be obtained from our office.

If your estate has been referred to a Fiduciary Commissioner, then the process will take an additional 30 days.

Who makes the necessary publications?
Our office publishes the necessary legal advertisements.
1.) The notice to creditors and beneficiaries
2.) The notice to close the estate.   
How are assets of the deceased distributed?
WITH WILL to the named beneficiaries 

Deceased beneficiary - Pass to the heirs of beneficiary unless otherwise stated in will