West Virginia Probate Court Forms: What You Need and Where to Get Them

Most people searching for West Virginia probate court forms have already hit their first wall: a bank won't release funds, a title company is asking for documentation, or a County Clerk's office sent them home with a blank form they don't fully understand. The forms exist. The harder part is knowing which one you need first, what information goes in it, and what happens after you file it.

West Virginia's probate system is county-administered, which means forms are not centralized through a single state court. The probate authority rests with the County Commission of the county where the decedent lived, and the County Clerk manages day-to-day paperwork. Some forms originate with the West Virginia State Tax Department. Others are standardized county templates. A few are entirely specific to individual counties.

Here's a practical guide to the core forms, what each one does, and the sequence they belong in.

The Application of Fiduciaries

This is the first form most executors or administrators file. The Application of Fiduciaries initiates the ex parte (uncontested) probate process. You file it with the County Clerk in the county where the decedent lived.

The form asks for the decedent's identifying information, the date of death, a list of the legal heirs, and the identity of the person applying to serve as executor (if there's a will) or administrator (if there isn't). You bring it to the clerk's office along with the original will — if one exists — and a certified copy of the death certificate.

Filing this form, taking the oath, and meeting the bond requirements is how the clerk issues Letters Testamentary or Letters of Administration. Those Letters are the document banks, brokerages, and real estate title companies will actually require to release assets.

The exact format of this application varies slightly by county. Monongalia County's probate office provides an example on its website. Monroe County has its own version. If your county's form isn't posted online, call the County Clerk's office directly — most will provide a blank form or walk you through the process.

Form ET 6.01: Estate Appraisement (Probate Inventory)

This form comes from the West Virginia State Tax Department, not the county court. Within 90 days of being appointed as executor or administrator, you are legally required under W. Va. Code § 44-1-14 to file a complete inventory of all probate assets.

The ET 6.01 is that inventory. It lists every asset owned solely by the decedent at the time of death: bank accounts, vehicles, personal property, real estate held in the decedent's name alone, business interests, and outstanding notes receivable. Each asset is recorded at fair market value as of the date of death.

The County Clerk and Fiduciary Supervisor use this form to set the financial baseline for the estate — it determines what the executor's commission will be calculated on and what the creditor claims are measured against. Failing to file within 90 days is not a paperwork formality; the County Clerk or Fiduciary Commissioner can summon you, impose financial penalties, and in serious cases, seek your removal as executor.

Form ET 6.02: Nonprobate Inventory

Filed alongside the ET 6.01, this form lists assets that pass outside of probate but are still legally relevant to the administration. Joint bank accounts with rights of survivorship, payable-on-death accounts, life insurance proceeds payable to a named beneficiary, real estate held in trust — these do not go through the probate process, but they must be documented.

Why does the state require a nonprobate inventory? Because federal estate tax calculations (where applicable) include both probate and nonprobate assets, and because Medicaid estate recovery rules in West Virginia require the executor to identify all assets to determine whether recovery applies. The ET 6.02 creates a complete financial picture of the estate even though non-probate assets aren't subject to creditor claims through the probate court.

Kanawha County's website hosts a combined Estate Appraisement and Nonprobate Inventory PDF that covers both forms. Most county clerks accept this format.

The Notice of Administration (Creditor Publication)

This is not a form you fill out yourself — it's a legal notice the County Clerk publishes in a newspaper of general circulation in the county. After you file the appraisement, the clerk triggers the creditor notice process, which requires publication for two consecutive weeks.

The date of the first publication starts the 60-day statutory window during which any creditor of the decedent can file a formal claim against the estate under W. Va. Code § 44-1-14a. You do not distribute assets to heirs until this window closes and all valid creditor claims are addressed.

Some county clerks charge separately for newspaper publication; this cost is reimbursable from the estate as an administration expense.

The Waiver of Final Settlement

If the estate qualifies, this is how it closes efficiently. The Waiver of Final Settlement (also called a Short-Form Settlement) is filed under W. Va. Code § 44-2-1 and § 44-3A-4A.

Three conditions can make an estate eligible:

• Total probate assets are $200,000 or less (excluding specifically devised real estate and nonprobate assets)
• There is only one beneficiary of the entire probate estate, and that person is legally competent
• All distributees and beneficiaries sign the notarized Waiver agreeing to the final allocation of assets, and the 60-day creditor window has fully closed

The Waiver is filed with the County Clerk. Once accepted, the clerk records it, releases the executor's bond, and closes the estate — without requiring a full line-item accounting of every dollar that moved through the estate account. Preston County's probate office provides an example Waiver on its website.

Estates that don't qualify — because assets exceed the $200,000 threshold, there are multiple beneficiaries who won't all sign, or creditor claims were contested — must file a comprehensive "Report of Receipts, Disbursements, and Distribution" instead.

The Small Estate Affidavit

If the estate's total personal property is $50,000 or less in fair market value (and real property is $100,000 or less), a different path is available that bypasses formal probate entirely. The Small Estate Affidavit, available under W. Va. Code § 44-1A, allows an "Authorized Successor" to marshal and distribute assets without being formally appointed executor, posting a surety bond, or publishing creditor notices in a newspaper.

This form is filed with the County Clerk after a mandatory waiting period: 30 days if the applicant is the named executor in a will, or 60 days for beneficiaries and intestate heirs. Jackson County's probate office has published both the testate and intestate versions of this affidavit.

Note: qualifying assets are strictly calculated using fair market value at the date of death. Survivorship accounts, POD accounts, and life insurance with named living beneficiaries are excluded from the $50,000 calculation. The family's $20,000 homestead allowance and $30,000 family allowance under the West Virginia Code also do not count toward the limit.

The Notification of Death Form (Medicaid Recovery)

If the decedent was 55 or older and received West Virginia Medicaid benefits — including nursing facility care or home and community-based waiver services — the nursing facility or executor is required to submit a Notification of Death Form to the state's recovery contractor, HMS (a Gainwell Technologies company), within a short time of the death.

This triggers the state's Medicaid estate recovery process. The state reviews what was paid and files a claim against the probate estate. This is not a probate form in the traditional sense, but it is a mandatory notification that directly affects estate administration. The West Virginia Bureau for Medical Services manages this process at wvrecovery.com.

Executors who distribute assets before addressing an active Medicaid recovery claim face personal liability for the state's unpaid claim up to the value of what was distributed.

What the County Clerk Can and Cannot Do For You

County Clerks in West Virginia are legally prohibited from providing legal advice under unauthorized practice of law (UPL) statutes. A clerk can accept your paperwork, tell you if a required document is missing, direct you to the correct form, and explain filing fee schedules. They cannot tell you whether to use the Small Estate Affidavit or formal probate, explain your rights against a contested creditor, or advise you on the order in which debts must be paid.

That procedural gap — the sequence and strategy behind the forms, not just the forms themselves — is where most executors run into problems.

The West Virginia Probate Process Guide covers the complete filing sequence, the mandatory deadlines for each form, how to navigate the Fiduciary Supervisor vs. Fiduciary Commissioner system, and the specific situations where a contested estate escalates beyond standard administrative paperwork.

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