How to Request Estate Files from a County Probate Division in West Virginia

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney or the county probate clerk for guidance specific to your situation.

Detailed Answer

In West Virginia, estate files (also called probate files) are maintained by the county probate division or circuit court clerk where the decedent’s estate was administered. Under the West Virginia Access to Public Records Act (W. Va. Code §29B-1-2), probate records are generally public unless sealed by court order.

To request copies of estate files, you typically need the following information:

1. Decedent’s Full Legal Name: Provide the exact name the person used at the time of death. If the decedent went by multiple names, include aliases.
2. County of Probate Filing: Identify the county (e.g., Kanawha, Monongalia) where the estate was opened.
3. Probate Case or File Number: If you have the estate’s docket, will number, or administrator’s number, include it. This speeds up retrieval.
4. Date of Death or Date of Filing: Give an approximate date of death or the date the estate was filed. Court clerks use this to narrow records.
5. Your Contact Information: Include your name, mailing address, phone number, and email. Clerks use this for follow-up or fee notices.
6. Purpose of Request or Relationship: Identify your interest in the estate (e.g., heir, researcher). Some counties ask for this to ensure proper handling.
7. Specific Documents Needed: State whether you need the will, inventory, order of distribution, or full case file. This helps clerks estimate copying fees and processing time.

After gathering the above, contact the probate division of the appropriate county circuit court clerk’s office. Many offices provide a public records request form or allow online requests. West Virginia law permits clerks to charge fees for copy services (W. Va. Code §29B-1-4).

Once the clerk verifies the estate record is public and locates it, they will confirm any fees—typically per-page copying charges or flat rates for certified copies. After you pay, the clerk will furnish paper or certified copies, or send electronic scanned records if available.

Helpful Hints

• Check the county circuit court clerk’s website for hours, fee schedules, and online request options before visiting.
• Ask if the office accepts credit card, check, or money order for copying fees.
• If you need certified copies (often required for probate administration or title transfer), specify this up front.
• Verify whether the estate file is open or sealed. A sealed file may require a court order to access.
• Consider using the state judiciary’s online case search to find case numbers and filing dates: WV Judiciary.
• Be patient—retrieving older or voluminous records can take several days.
• If you need help locating a county office or understanding fees, you can contact the West Virginia State Bar’s Lawyer Referral Service.