Probate in Mercer County, West Virginia
When someone who lived in Mercer County dies, probate is handled by the county probate court. This page points you to that court and summarizes the West Virginia rules that apply — the small-estate threshold, the key deadlines, and the instruments West Virginia uses. For your own dates and numbers, use the free calculators linked below.
Where to file
Probate is filed in Mercer County, where the person who died last lived. Local forms, e-filing rules, and scheduling vary by county — confirm with the county probate court.
Find your court — WV Judiciary — Court Information by CountyDoes this estate need full probate?
West Virginia lets smaller estates skip full probate using the Small Estate Act affidavit (W. Va. Code §44-1A-2) — $50k personalty only; any probate real property disqualifies for estates up to $50,000.
Check your estate Source — W. Va. Code §44-1A-2 (HB 2867, eff. 7/9/2025: $50k personalty; real property disqualifies)Key probate deadlines in West Virginia
- Lodge the will with the court
- 30 days after the date of death
- File the estate inventory
- 90 days after appointment as personal representative
- Creditor-claim period closes
- 60 days after first publication of the notice to creditors
Good to know in West Virginia
- The court empowers the personal representative with Letters Testamentary / Letters of Administration.
- The estate closes with the Final Settlement.
- West Virginia has no state estate or inheritance tax.
Talk it through, or find a local pro
Ask the guide a question about probate in Mercer County, or browse vetted probate attorneys and real-estate advisors who work in West Virginia.
Selling an inherited home? Estimate the tax with the capital-gains calculator. Just getting started? Print the West Virginia after-a-death checklist.