Cabell County Probate: Fees, Inventory, and Creditor Claims

Cabell County probate is handled by the County Clerk’s office in Huntington, and for most families it takes six to twelve months and costs under $100 in clerk fees to move an estate from opening to close. The process validates the will (or identifies heirs when there isn’t one), appoints someone to manage the estate, publishes notice to creditors, pays debts in a fixed statutory order, and distributes what remains. The steps below follow the order you’ll actually encounter them, with the deadlines that matter most.

What to Bring and How to Schedule

Probate work at the Cabell County Clerk’s office runs by appointment. Office hours are Monday through Friday, 8:30 a.m. to 4:30 p.m., and walk-ins are accepted only between 3:00 and 4:00 p.m. Call (304) 526-8627 to book a time.

Bring these to your appointment:1Cabell County Clerk. How to Get Started

  • The original will. Photocopies are not accepted. If the original can’t be found, you may have to petition the court to prove the will by other evidence.
  • A certified copy of the death certificate.
  • Names and current mailing addresses for every beneficiary named in the will, or for all heirs-at-law if there is no will.
  • A valid government-issued ID.

A rough tally of assets helps too. Pull recent bank balances, jot down vehicle VINs, and locate deeds for any real estate. The formal inventory comes later, but preliminary numbers make the opening paperwork move faster.

Clerk’s Fees

West Virginia statute sets the clerk’s charges, and they are modest:2Cabell County Clerk. Estate Probate FAQ

  • Appointment fee: $37.00
  • Will recording: $12.00 for the first five pages, plus $1.00 per additional page
  • Letters of administration: $2.50 each
  • Bond fee (if a bond is required): $12.00, on top of the bonding company’s premium
  • Filing the appraisement and inventory: $12.00
  • Filing the final settlement: $12.00

For a straightforward estate the clerk’s own fees run well under $100. Bond premiums (if applicable) and newspaper publication costs are separate and paid from estate funds.

Small Estate Affidavit

Not every estate needs full probate. West Virginia’s Small Estate Act allows a simplified affidavit filed with the county clerk, skipping the appointment of a personal representative entirely. To qualify, all probate personal property must total no more than $50,000 in fair market value, and all probate real estate in West Virginia must total no more than $100,000 in fair market value.3West Virginia Legislature. West Virginia Code 44-1A-1 Real estate value is presumed to be 167 percent of the current tax-assessed value.

One catch: if the will directs that real estate be sold (rather than just giving the executor power to sell), the estate does not qualify. The affiant must swear the affidavit under oath and penalty of perjury, and the original will (if any) must be attached.4West Virginia Legislature. West Virginia Code 44-1A-2 – Administration of a Small Estate Upon Affidavit and Without Appointment If the numbers fit, ask the clerk about the affidavit before booking a full probate appointment.

Qualifying as Personal Representative

The personal representative is called an executor when named in the will and an administrator when appointed by the court. When there’s no will, West Virginia law gives priority first to the surviving spouse, then to other people entitled to inherit. If no one eligible applies within 30 days of death, the clerk may appoint a creditor or another fit person.5West Virginia Legislature. West Virginia Code 44-1-4 – Appointment of Intestate Administrator

Before doing anything on behalf of the estate, the representative must qualify by taking a formal oath and posting a bond at the clerk’s office. If the will explicitly waives the bond requirement, no bond is needed unless an interested party petitions the county commission for one. An executor who is the sole beneficiary needs no surety on the bond, and the same applies to an administrator who is the sole heir.6West Virginia Legislature. West Virginia Code 44-1-8 – When Executor or Administrator Not to Give Bond; When Surety Not Required Even when surety is waived, the representative stays personally liable on the bond for mismanagement.

If the Executor Lives Out of State

A non-resident named in a West Virginia resident’s will can serve, but must generally post a corporate surety bond from a company licensed in the state. The bond amount is typically at least double the value of the personal assets and double the value of any real property the executor is authorized to sell.7West Virginia Legislature. West Virginia Code 44-5-3 A close family member (spouse, parent, sibling, or direct descendant) who is the sole beneficiary faces a lighter standard but still needs corporate surety. Non-resident executors also formally designate the county clerk as their attorney-in-fact for accepting legal notices, which happens in person at qualification. The bond premium is an estate expense and stays active, with potential annual renewals, until the estate closes.

Appraisement and Inventory Within 90 Days

After qualifying, the representative must complete two state forms: the Appraisement of the Estate (Form ET 6.01) and the Inventory of the Estate (Form ET 6.02). Both list everything the deceased owned at the time of death, separated into probate assets (property passing through the clerk’s office) and non-probate assets (life insurance with named beneficiaries, jointly held accounts, and similar items that transfer automatically).

Value each item at fair market value on the date of death, not the original purchase price. For real estate, the assessor’s tax value is a starting point but may not match fair market value. Vehicles, jewelry, bank accounts, and investment holdings each get their own line. The representative signs both forms under oath and has them notarized, certifying accuracy under penalty of perjury.8Wood County West Virginia. Instructions for Completing the Appraisement and Inventory of the Estate Blank forms are available at the clerk’s office.

The appraisement must be filed within 90 days of the date the personal representative qualifies. Treat that date as a hard deadline; missing it complicates the creditor notice timeline that comes next.

Creditor Notice and the 60-Day Claim Window

Within 30 days of receiving the appraisement, the clerk publishes a legal notice once a week for two consecutive weeks in a newspaper of general circulation in Cabell County. The notice names the deceased, the personal representative, any attorney, and tells creditors they have 60 days from the date of first publication to file claims.9West Virginia Legislature. West Virginia Code 44-1-14a – Notice of Administration of Estate; Time Limits for Filing of Objections; Liability of Personal Representative

Distributions to heirs wait until this window closes and valid claims are resolved. If a creditor files a claim, the representative has 20 days to approve or reject it before the matter goes to a fiduciary commissioner.10West Virginia Legislature. West Virginia Code 44-2-1 – Reference of Decedents Estates; Proceedings Thereon Once the 60 days expire, the representative gains substantial protection from personal liability for debts that surface later.

Paying Debts When Assets Fall Short

If the estate can’t cover every claim, West Virginia sets the payment order:11West Virginia Legislature. West Virginia Code 44-2-21 – Order in Which Debts of Decedent Are to Be Paid

  1. Costs and expenses of administering the estate
  2. Reasonable funeral expenses
  3. Debts and taxes with preference under federal law
  4. Unpaid child support owed at the time of death
  5. Debts and taxes with preference under other West Virginia laws
  6. Reasonable medical and hospital expenses of the last illness, including caregiver compensation
  7. All other claims

If a tier can’t be paid in full, creditors within that tier split what’s available pro rata, and lower tiers get nothing until higher tiers are fully satisfied. A representative who pays a lower-priority creditor ahead of a higher one can be personally liable for the difference.

If There Is No Will

When there’s no valid will, West Virginia intestacy law sets the shares. The surviving spouse’s portion depends on whose children survive:12West Virginia Legislature. West Virginia Code 42-1-3

  • No surviving children: spouse takes the entire estate.
  • All surviving children are also the spouse’s, and the spouse has no other children: spouse takes the entire estate.
  • All surviving children are also the spouse’s, but the spouse has other children from a different relationship: spouse takes three-fifths.
  • One or more surviving children are not the spouse’s: spouse takes one-half.

Anything not passing to the spouse (or the whole estate if there’s no spouse) goes to descendants first, then parents, then siblings and their descendants, then more remote relatives.13West Virginia Legislature. West Virginia Code 42-1-3a The clerk’s office can walk through which relatives qualify in a specific situation.14Cabell County Clerk. What If There Is No Will?

Taxes the Representative Must Handle

West Virginia imposes no state estate tax and no inheritance tax, so heirs owe the state nothing for receiving an inheritance.15The American College of Trust and Estate Counsel. State Death Tax Chart Federal estate tax applies only to estates above $15,000,000 for deaths in 2026.16Internal Revenue Service. What’s New — Estate and Gift Tax

The tax most representatives overlook is federal fiduciary income tax. If the estate earns $600 or more in gross income during administration (interest, dividends, rental income, or gains on asset sales), the representative must file IRS Form 1041. Income earned before death goes on the deceased’s final individual return; income earned after death belongs to the estate and goes on the 1041.

Executor Compensation

West Virginia law allows the executor or administrator “reasonable compensation in the form of a commission on receipts or otherwise,” approved by the fiduciary commissioner at settlement.17West Virginia Legislature. West Virginia Code 44-4-12 There’s no fixed percentage cap; what counts as reasonable depends on complexity, time, and skill involved.

Out-of-pocket expenses (travel, postage, filing fees, and similar costs) are reimbursable separately from the commission. Keep every receipt. The final accounting has to document each disbursement, and beneficiaries can question any charge that looks unreasonable.

Closing the Estate

Once the 60-day creditor window closes and debts are paid, the representative has two ways to close:

  • Waiver of Final Settlement. The representative files an affidavit confirming the claims period has expired and debts are paid, and every beneficiary or heir signs the waiver with a notarized signature. This is the faster route when everyone agrees the accounting is right.18West Virginia Legislature. West Virginia Code 44-2-29
  • Report of Receipts, Disbursements, and Distribution. If beneficiaries disagree or prefer a formal review, the representative files a detailed accounting of everything in and out, plus a proposed distribution. Only the representative’s notarized signature is required.

When the estate is referred to a fiduciary commissioner (either through a formal settlement or a creditor dispute), the commissioner reviews the accounting and determines distribution. The fiduciary commissioner’s fee is capped at $300 plus expenses, unless the representative approves more or the county commission finds a larger fee justified by actual time spent.10West Virginia Legislature. West Virginia Code 44-2-1 – Reference of Decedents Estates; Proceedings Thereon

Specific bequests (a named item or dollar amount left to a particular person) are paid before the residuary estate is divided. If the estate runs short after debts, administration costs, and taxes, specific bequests may be reduced before residuary beneficiaries receive anything. Once the settlement documents are approved, the remaining property transfers to the heirs and the representative receives a formal discharge that ends their legal responsibility.