Estate Planning for Berkeley County, West Virginia Property Owners

For most Berkeley County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

Record a TOD deedWhere to recordLocal attorneys

For a Berkeley County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Berkeley County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.

Skipping this planning step means the Circuit Court decides who receives the property: a simple West Virginia probate takes 6+ months and opens with about $54 in court filing fees.

Record a Transfer-on-Death Deed in Berkeley County

A transfer on death deed names a beneficiary who receives Berkeley County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.

Before recording, a West Virginia transfer on death deed is signed with notary acknowledgmentW. Va. Code 36-12-1 to 36-12-17Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathW. Va. Code 36-12-1 to 36-12-17Verified Aug 24, 2026View source.

Create a West VirginiaTOD deed →Berkeley Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Berkeley County are recorded with the County Clerk, led by County Clerk Anthony J. "Tony" Petrucci, at 400 W. Stephen St. Suite 103, Martinsburg, WV 25401. Phone: (304) 264-1927. Hours: Monday-Friday 8:00 AM - 5:00 PM.

The County Clerk charges $32 for the first 5 pages plus $1 for each page beyond 5. A 2-page transfer on death deed costs $32 to record in Berkeley County. The office also requires a Sales Listing Form (Declaration of Consideration or Value) with the deed, at no charge. A transfer on death deed is exempt from transfer tax.

Berkeley County accepts electronic recording through CSC.

Recording Office Record

County Clerk

Berkeley County · County Clerk · Anthony J. "Tony" Petrucci

Address

400 W. Stephen St. Suite 103Martinsburg, WV 25401

Fax

(304) 267-1794

Hours

Monday-Friday 8:00 AM - 5:00 PM

E-recording

Available via CSCE-recording info →
Visit recorder website →

Recording fees

Base fee (first 5 pages)$32
Each page beyond 5$1
Transfer tax on a TOD deedExempt

W. Va. Code 59-1-10(a)(1), (a)(7); W. Va. Code 5A-8-15(h)

Open in Google Maps

Verified September 9, 2026 · Source

Estate Planning Attorneys Serving Berkeley County

Solo PracticeMartinsburg, WV

Bush Law Firm PLLC

Serves Berkeley and Jefferson counties from Martinsburg. Attorney Michael Bush handles estate planning and estate administration and serves as Fiduciary Commissioner for both counties — the officer who reviews estate accountings there, so he works the settlement process from both sides. Member of WealthCounsel and NAELA.

PracticesEstate PlanningEstate AdministrationElder LawTrustsWills

Office
224 West King StreetMartinsburg, WV 25401

FirmMartinsburg, WV

Myers Hill & Associates PLLC

Boutique estate planning law firm serving the Eastern Panhandle of West Virginia. Specializes in drafting wills and trusts, probate administration, and asset protection strategies.

PracticesEstate PlanningProbateElder LawAsset Protectionand 2 more

Office
299 Rock Cliff DriveMartinsburg, WV 25401

Solo PracticeMartinsburg, WV

Patrick G. Henry III, Attorney at Law, PLLC

Former Circuit Court judge with over 35 years of legal experience serving the Eastern Panhandle. Handles estate planning, wills, family law, general litigation, and mediation.

PracticesEstate PlanningProbateFamily LawMediationWills

Office
222 West John StreetMartinsburg, WV 25401

Solo PracticeCharles Town, WV

Law Offices of F. Samuel Byrer, PLLC

A Charles Town firm serving the Eastern Panhandle with estate planning services including wills, trusts, and healthcare directives for Jefferson County, Berkeley County, and surrounding communities.

PracticesEstate PlanningLiving WillsPowers Of AttorneyTrustsWills

Office
202 West Liberty StreetCharles Town, WV 25414
Free consultation

FirmKeyser, WV

Sites Law Firm, PLLC

Keyser-based law firm serving Mineral County and the surrounding Eastern Panhandle with will preparation, estate planning, civil litigation, and real estate services. Attorney Jason Sites has 20+ years of experience.

PracticesEstate PlanningReal EstateWills

Office
112 North Main StreetKeyser, WV 26726

FirmCharleston, WV

Pullin, Fowler, Flanagan, Brown & Poe, PLLC

Since 1989 · Serves the whole state

Drafts wills and provides probate representation for clients throughout West Virginia. AV-rated firm with nearly 25 attorneys across four offices.

PracticesEstate PlanningProbateElder LawGuardianshipand 4 more

Office
901 Quarrier StreetCharleston, WV 25301
See all 26 firms serving Berkeley County→

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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