Serves Kanawha County from Charleston, with offices in Beckley and Lewisburg. Drafts wills and trusts, guides trustees and families through trust administration, and litigates will contests, trust contests, fiduciary-duty claims and probate and trust accountings. Represents both beneficiaries and fiduciaries in estate disputes.
Probate in Berkeley County
Probate Court Record
Berkeley County Circuit Court
Berkeley County · Twenty-Seventh Judicial Circuit
Phone
Office
Berkeley County Judicial Center, 380 West South Street, Suite 2200, Martinsburg, WV 25401
Website
Self-represented filing
Allowed
Self-help forms
How to file probate in Berkeley County →
Verified October 15, 2026 · Source
Do I need a lawyer for probate in Berkeley County? →Settling an estate in Berkeley County →
Guardianship Firms Serving Berkeley County
Serves Cabell and Wayne counties from Huntington. Handles probate and estate administration, including the valuation and distribution of estate assets, and represents heirs, beneficiaries, executors and fiduciaries in West Virginia estates. Also prepares wills, trusts, powers of attorney and advance health care directives.
Serves Monongalia County from Morgantown and takes estate matters throughout West Virginia. Guides executors through filing the will with the probate court, gathering assets, paying creditors and taxes, and represents executors in will challenges and claims of mismanagement. Also establishes adult guardianships and conservatorships.
Serves clients across West Virginia from Bland Street in Bluefield. Prepares wills, living and testamentary trusts and powers of attorney, handles trust and estate administration and estate tax planning, and brings guardianship and conservatorship matters. The firm's elder-law work covers Medicaid planning and long-term care planning.
Serves Wood County from Parkersburg and takes estate matters in both West Virginia and Ohio. Guides executors through probate filings, creditor payments and asset distribution, represents families in will contests in probate court, and petitions for guardianships and conservatorships. Offers a free consultation.
All 8 West Virginia guardianship firms serving Berkeley County →
Forms for Planning and Settling an Estate in West Virginia
Free West Virginia forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for West Virginia.
Free
Last Will and Testament
In West Virginia, a will is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitW.Va. Code § 41-1-3Verified Oct 19, 2026View source.
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Free
Healthcare Power of Attorney
West Virginia requires 2W. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source witnesses and notarizationW. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source for a healthcare power of attorney.
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Free
Financial Power of Attorney
West Virginia treats a power of attorney as durable by defaultW.Va. Code § 39B-1-105Verified Oct 21, 2026View source, and it is signed before a notaryW.Va. Code § 39B-1-105Verified Oct 21, 2026View source.
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Tools for Planning and Settling an Estate in West Virginia
Free calculators and checklists to plan or settle an estate in West Virginia: will and trust costs, probate, executor pay and taxes. Run each tool.
How Much Life Insurance Do I Need?
In West Virginia, four years at a public university cost about $81,076NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 10% below the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax. The West Virginia Estate Tax Act (W. Va. Code ch. 11, art. 11) is a pick-up tax keyed to the federal credit for state death taxes, and § 11-11-39 provides that the article "shall remain in force and effect until ... [t]he government of the United States ceases to allow credit against its estate tax for payment of state death taxes." Congress eliminated that credit for deaths on or after January 1, 2005 (EGTRRA 2001), so the tax computes to $0. West Virginia has no inheritance tax and no gift tax.Verified Sep 15, 2026View source.
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What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in West Virginia runs $2,870Estimate: 10 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,305Estimate: 15 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $861Estimate: 3 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,722Estimate: 6 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
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Who Inherits Without a Will?
Without a will in West Virginia, a surviving spouse takes the entire estateW.Va. Code § 42-1-3Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationW.Va. Code § 42-1-3dVerified Oct 21, 2026View source.
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