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Docket No. 54005 · West Virginia

Boone County
Probate Court

In West Virginia, estates are probated in the County Commission / Fiduciary Supervisor / Circuit Court. This page gathers where to file in Boone County, the state rules that apply, and where every detail comes from.

County website ↗ Directions ↗
County seat
Madison
Population
20,576
Court
County Commission / Fiduciary Supervisor / Circuit Court
Record
Courthouse mapped
WV · 5400538°01′ N · 81°43′ W
● Boone County Courthouse Annex
located via OpenStreetMap
Small-estate limit
$50,000
Wait 30 days after death
Creditor window
60 days
W. Va. Code § 44-3A-4
Executor fee
Reasonable
Reasonable fee set by the court
Death taxes
None
No state death tax
§ I

Where to file in Boone County

Handled by
County Commission / Fiduciary Supervisor / Circuit CourtIn West Virginia, probate is handled primarily by the County Commission and its appointed Fiduciary Supervisor in each of the 55 counties. Contested matters transfer to the Circuit Court.
County building
Boone County Courthouse Annex 206 Court Street, Madison, WV 25130 OpenStreetMap · view the map entry
Phone
No phone number published in an open source. Use the county website's contact page — we don't list numbers we can't source.
Opening hours
Not published in an open source. Check the court or county website before you go.
County website
boonecountywv.orgWikidata
State courts & e-filing
courtswv.govCase search: West Virginia Judiciary Case Search / County Commission Portals
§ II

How probate runs in Boone County

Six stages, with the West Virginia rules that set the pace.

  1. 01

    Secure the original will

    Find the original signed will and order certified death certificates. West Virginia deadline: Must deliver will to County Commission promptly; 3-year deadline to offer probate.

  2. 02

    Pick the right track

    If the probate estate is under $50,000, a small-estate procedure (W. Va. Code § 44-1A-1 et seq. (§ 44-1A-2)) may avoid full administration.

  3. 03

    Petition the court

    File the petition with the County Commission / Fiduciary Supervisor / Circuit Court for Boone County. The court appoints the executor or administrator and issues letters.

  4. 04

    Inventory the estate

    Open an estate bank account (the IRS issues the EIN), list assets at date-of-death values and file the inventory if the court requires it.

  5. 05

    Notify creditors

    Publish or send notice to creditors. Window: 60 days from the date of first publication of notice of administration (W. Va. Code § 44-2-1).

  6. 06

    Account and distribute

    Pay debts, taxes and fees (W. Va. Code § 44-4-12), file the final account if required, distribute to heirs and ask to close the estate.

Need help with an estate in Boone County, West Virginia?

Where to get help.

We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.

  1. 01 West Virginia courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
  2. 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
  3. 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
§ III

West Virginia rules that apply here

Probate law is state law — these apply in all 55 West Virginia counties.

Small estates
$50,000 personal probate estate by affidavit (only if no probate real property); separate summary settlement of small estates via county commission/fiduciary supervisorW. Va. Code § 44-1A-1 et seq. (§ 44-1A-2) · wait 30 days
Filing the will
Must deliver will to County Commission promptly; 3-year deadline to offer probate
Creditor claims
60 days from the date of first publication of notice of administration (W. Va. Code § 44-2-1)W. Va. Code § 44-3A-4
Executor fees
Reasonable compensation in the form of a commission on receipts or otherwise, allowed by the fiduciary commissioner/county commission (no fixed statutory percentage; 5% of receipts is customary)W. Va. Code § 44-4-12 · estimate the fee
Handwritten wills
Recognized. West Virginia recognizes holographic wills wholly in the handwriting of the testator and signed (W. Va. Code § 41-1-3).
Estate tax
No state estate tax.West Virginia has no state estate tax.
Inheritance tax
No.No inheritance tax in West Virginia.
Typical duration
6 to 12 monthsA lawyer is not required by statute, though most formal estates use one.

Rules re-checked Sept 2026 against: code.wvlegislature.gov (statute) · code.wvlegislature.gov (statute) · code.wvlegislature.gov (statute)

§ IV

Neighbouring probate courts

BooneLoganLincolnKanawhaWyomingRaleigh
Related officeBoone County Clerk & RecorderDeath certificates, recorded deeds and marriage records for the estate file.uscountyclerks.com ↗ Related officeBoone County Property AppraiserAssessed values and parcel records for the estate inventory.uspropertyappraisers.com ↗
§ V

Questions about Boone County probate

Where is the Boone County Probate Court located?
In West Virginia, probate is handled by the County Commission / Fiduciary Supervisor / Circuit Court. The Boone County Courthouse Annex is mapped in OpenStreetMap at 206 Court Street, Madison, WV 25130. Check the official county website (boonecountywv.org) to confirm which counter or building handles probate filings.
What is the small estate affidavit limit in Boone County, WV?
Small-estate rules are set by state law, so they are the same in every West Virginia county: $50,000 personal probate estate by affidavit (only if no probate real property); separate summary settlement of small estates via county commission/fiduciary supervisor (W. Va. Code § 44-1A-1 et seq. (§ 44-1A-2)). The waiting period is 30 days.
How do I search probate case records in Boone County?
Start with the West Virginia judiciary website (courtswv.gov), which points to West Virginia Judiciary Case Search / County Commission Portals. Older files and certified copies are requested from the probate clerk in Madison.
What are the deadlines for filing a will and creditor claims in Boone County?
Will: Must deliver will to County Commission promptly; 3-year deadline to offer probate. Creditors: 60 days from the date of first publication of notice of administration (W. Va. Code § 44-2-1) (W. Va. Code § 44-3A-4).
How much can an executor charge in Boone County?
West Virginia rule: Reasonable compensation in the form of a commission on receipts or otherwise, allowed by the fiduciary commissioner/county commission (no fixed statutory percentage; 5% of receipts is customary) (W. Va. Code § 44-4-12). You can estimate the amount with our executor fee calculator.