Probate Practice

Pursuant to the authority granted in the West Virginia Constitution of 1872, the citizens of Ohio County voted to have the Ohio County Clerk handle all matters of probate for Ohio County; the decision of the voters was ratified by the West Virginia Legislature on December 30, 1872. Ohio County is the only county in West Virginia in which the citizens voted to delegate to their County Clerk all matters of probate including approval of all accounts and confirmation of fiduciary commissioner recommendations. [See Riley v. Bd. of Cmrs. of Ohio County, et al., 125 W. Va. 545, 25 S.E.2nd 496 (1943)]

All parties wishing to administer an estate are required to appear in person and by legal counsel. Attorneys are requested to contact this Office to schedule a hearing time (304-234-3656 Ext #5), and are requested to provide drafts of the Petition, Order, and Notice of Delivery of Will and copy of Will (if applicable) at least 24 hours prior to the hearing for review and possible comment.

Pleadings and Orders should be styled:


and proposed Orders should be identified for entry by “Judge Ex-Officio of Probate.”

You are reminded that West Virginia established a “Small Estate Procedure” effective July 1, 2021, that can be accomplished without the assistance of an attorney. Follow this link for an explanation of the “Small Estate Procedure.”